Kentfield ManorDECLARATION ESTABLISHING
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR KENTFIELD MANOR SUBDIVISION
This Declaration is made this day of , 1994, by Merit Homes, an Idaho
corporation, hereinafter called "Grantor."
ARTICLE I: RECITALS
1.1 Real Pr~erty Description. Grantor is the owner of all that real property subdivided
and contained in a subdivision know as Kentfield Manor Subdivision, W 1/2, Section 2,T.3N.,
R.1W., B.M., Meridian, Ada County Idaho, and sometimes referred to herein as "Kentfield
Manor".
1.2 Development. Grantor proposes to develop said real property in accordance with the
maps and plans approved under the zoning and subdivision ordinances and regulations of the City
of Meridian, the County of Ada, and the State of Idaho.
1.3 Conditions. Any development plans for said real property in existence prior to or
following the effective date of this Declaration are subject to change at any time by Grantor, in
Grantor's sole discretion, and impose no obligations on Grantor as to how said real property is to
be developed or improved. Any purchases of a lot within a Tract acknowledges that said lot is
subject to the above-referenced zoning and subdivision ordinances and regulations and such other
governmental ordinances and regulations, and approvals hereunder as may be in effect or as may
from time to time be imposed. Said purchaser acknowledges familiarity with the same,
constructively or otherwise.
1.4 Purpose. The purpose of this Declaration is to set forth the basic restrictions,
covenants, limitations, easements, conditions and equitable servitudes (collectively "Restrictions")
that apply to said real property. The Restrictions are designed to preserve the value, desirability and
attractiveness of said real property, to ensure awell-integrated, high-quality development, and to
guarantee adequate maintenance of any common area and improvements located thereon in a cost
effective and administratively efficient manner.
ARTICLE II: DECLARATION
Grantor hereby declares that those portions of said real property brought within the
jurisdiction hereof as provided herein, and each lot, parcel or portion thereof, is and/or shall be
held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to
the following terms, covenants, conditions, easements and restrictions, all of which are declared
and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision,
improvement and sale thereof, and to enhance the value, desirability and attractiveness thereof. The
terms, covenants, conditions, easements and restrictions set forth herein shall run with the land,
and with each estate therein, and shall be binding upon all persons having or acquiring any right,
title or interest in said real property or any lot, parcel or portion thereof; shall inure to the benefit of
and be binding upon Grantor, Grantor's successors in interest and each grantee or owner and such
grantee's or owner's respective successors in interest, and may be enforced by Grantor, by any
owner's successors in interest, or by the Association, as hereinafter defined, against any other
owner, tenant or occupant of said real property.
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COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDMSION PAGE 1
Notwithstanding the foregoing, no provision of this Declaration shall be construed as to
prevent or limit Grantor's right to complete development of said real property and to construct
improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing
offices or similar facilities (temporary or otherwise) on any portion thereof, including any common
area or any public right-of--way, nor Grantor's right to post signs incidental to construction, sales
or leasing, nor Grantor's right to modify plans for said property.
ARTICLE III: DEFINITIONS
3.1 "Architectural Committee" shall mean the committee created by the Grantor or an
Association pursuant to Article X hereof, and may be referred to herein as the "Committee".
3.2 "Articles" shall mean the Articles of Incorporation of the Association or other
organizational or charter documents of the Association.
3.3 "Assessments" shall mean those payments required of Owners and Association
Members, including Regular, Special and Limited Assessments of the Association as further
defined in this Declaration.
3.4 "Association" shall mean the Kentfield Manor Homeowners Association, an Idaho
non-profit corporation, its successors and assigns, established by Grantor to exercise the powers
and to carry out the duties set forth in this Declaration or any Supplemental Declaration.
3.5 "Association Rules" shall mean those rules and regulations promulgated by the
Association governing conduct upon and use of the Property under jurisdiction or control of the
Association, the imposition of fines and forfeitures for violation of Association Rules and
Regulations, and procedural matters for use in the conduct of business of the Association.
3.6 "B ar "shall mean the Board of Directors or other governing board or individual, if
applicable, of the Association.
3.7 "Building Lot" shall mean one or more lots within a Tract as specified or shown on
any plat and/or by any Supplemental Declaration, upon which improvements may be constructed.
With respect to Association voting rights, Building Lots shall also mean a lot so specified on any
final plat or on any preliminary plat of the Property.
3.8 "Bylaws" shall mean the Bylaws of the Association.
3.9 "Common Area" shall mean all real property in which the Association holds an
interest or which is held or maintained, permanently or temporarily, for the common use,
enjoyment and benefit of the Owners. Common Area may be established from time to time by
Grantor on any portion of the Property by describing it on a plat, by granting or reserving it in a
deed or other instrument, or by designating it pursuant to this Declaration or any Supplemental
Declaration. Common Area may include easement and/or license rights, and includes the
landscaped berm and signage areas along the perimeter of Kentfield Manor.
3.10 "Declaration" shall mean this Declaration as it may be amended from time to time.
3.11 "Des~n Guidelines" shall mean the construction guidelines approved by the
Architectural Committee.
3.12 "Grantor" shall mean Merit Homes, an Idaho corporation, or its successors in
COVENANTS, CONDITIONS & RESTRICTIONS FOR I~NTFIELD MANOR SUBDIVISION PAGE 2
interest, or any person or entity to whom the rights under this Declaration are expressly transferred
by Grantor or its successor.
3.13 "Improvements" shall mean any structure, facility or system, or other improvement or
object, whether permanent or temporary, which is erected, constructed or placed upon, under or in
any portion of the Property, including but not limited to buildings, fences, streets, drives,
driveways, sidewalks, bicycle paths, curbs, landscaping, signs, lights, mailboxes, electrical lines,
pipes, pumps, ditches, waterways, recreational facilities, and fixtures of any kind whatsoever.
3.14 "Limited Assessment" shall mean a charge against a particular Owner and such
Owner's Building Lot, directly attributable to the Owner, equal to the cost incurred by the
Association for corrective action performed pursuant to the provisions of this Declaration or any
Supplemental Declaration, including interest thereon as provided in this Declaration or a
Supplemental Declaration.
3.15 "Member" shall mean each person or entity holding a membership in the Association.
3.16 "Owner" shall mean the person or other legal entity, including Grantor, holding fee
simple interest of record to a Building Lot which is a part of the Property, and sellers under
executory contracts of sale, but excluding those having such interest merely as security for the
performance of an obligation.
3.17 "Person" shall mean any individual, partnership, corporation or other legal entity.
3.18 "Plat" shall mean any subdivision plat covering any portion of the Property as
recorded at the office of the County Recorder, Ada County, Idaho, as the same may be amended
by duly recorded amendments thereof.
3.19 "Property" shall mean those portions of Kentfield Manor, including each lot, parcel
and portion thereof and interest therein, including all water rights associated with or appurtenant to
such property, which are brought within the jurisdiction hereof. Additionally, Grantor, at its sole
election, may withdraw any Tract of which Grantor is the sole Owner previously included within
the provisions hereof upon recordation of a written declaration of de-annexation.
3.20 "Regular Assessment" shall mean the portion of the cost of maintaining, improving,
repairing, managing and operating the Common Area and all improvements located thereon, and
the other costs of an Association which is to be levied against the Property of and paid by each
Owner to the Association, pursuant to the terms hereof or the terms of this Declaration or a
Supplemental Declaration.
3.21 "Special Assessment" shall mean the portion of the cost of the capital improvements
or replacements, equipment purchases and replacements or shortages in Regular Assessments
which are authorized and to be paid by each Owner to the Association, pursuant to the provisions
of this Declaration or a Supplemental Declaration.
3.22 "Supplemental Declaration" shall mean any Supplemental Declaration including
additional covenants, conditions and restrictions that might be adopted with respect to any portion
of the Property.
3.23 "Tract„ shall mean a defined portion of the Property within which the contemplated
development involves a common use or compatible uses, and which may have been designated as a
Tract by this Declaration or a recorded Supplemental Declaration.
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDIVISION PAGE 3
ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS
4.1 Structures -Generally. All structures (except for sales offices or similar facilities of
Grantor) are to be designed, constructed and used in such a manner as shall be compatible with this
Declaration, and shall meet the following minimum standards:
4.1.1 Use Size Height and Construction of Dwelling Structure. All Building Lots
shall be improved and used solely for residential use. No Building Lot shall be improved,
except with a single family dwelling unit designed to accommodate no more than a single
family and its servants and occasional guests, and such other improvements as are
necessary or customarily incident to a single family residence. No business or home
occupation shall be conducted from said dwelling unit or improvement. No dwelling unit
shall be more than two stories in height. No other structure shall be more than one story in
height unless approved in writing by the Architectural Committee. A basement or daylight
basement shall not be counted as a story in determining compliance with this Section. The
dwelling unit is also referred to herein as the dwelling or residential structure.
All dwelling structures shall be priced to the public at not less than $85,000.00, and
shall have floor area of not less than 1,400 square feet.
All dwelling structures, and accessory structures, shall be constructed on site, unless
otherwise specifically permitted in writing by the Architectural Committee. Modular or
manufactured homes or houses shall not be permitted. Already constructed homes or
houses shall not be permitted to be moved onto a Building Lot.
4.1.2 Architectural Committee Review. No improvements which will be visible
above ground or which will ultimately affect the visibility of any above ground
improvement shall be built, erected, placed or materially altered on or removed from the
Property unless and until the building plans, specifications and plot plan or other
appropriate plans and specifications have been reviewed in advance by the Architectural
Committee and the same have been approved in writing.
The Architectural Committee shall be generally guided by the following:
(a) Roofing material may consist of wood shakes, asphalt shingles, tile,
cement, slate, or other material approved by the Architectwal Committee. Samples
must be submitted and approved in writing by the Architectural Committee before
installation.
(b) The Committee shall not approve flat roofs, or exterior roof construction of
tar paper, .gravel or metal, unless such metal is painted or textured in such a manner
as to be approved by the Committee.
(c) All metal flashings, chimney caps, roof jacks and other miscellaneous roof
metals shall be painted to blend with roof materials.
(d) Exterior colors shall be of a flat or semi-gloss type and shall be limited to
subdued tones. Colors shall be compatible with surrounding homes. Exterior colors
must be approved in writing by the Committee prior to application.
(e) The Committee shall not approve any plans which contemplate visible
construction with blocks of cement, cinder, pumice or similar materials, unless the
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDIVISION PAGE 4
same is faced on the outside with wood, stone, stucco or similar materials and
approved in writing by the Committee.
(f) The Committee shall not approve any extreme, bizarre, or eccentric design
or construction.
(g) Utility meters are to be placed in an unobtrusive location and concealed
behind fences where possible. Location shall be shown on the site plan.
Said requirements as to the approval of the architectural design shall apply only to the
exterior appearance of the improvements. This Declaration is not intended to serve as authority for
the Architectural Committee to control the interior layout or design of residential structures except
to the extent incidentally necessitated by use, size and height restrictions.
4.1.3 Setbacks and Heim No residential or other structure (exclusive of fences
and similar structures) shall be placed nearer to the Building Lot lines or built higher than
permitted by the plat for the Tract in which the Building Lot is located, by any applicable
zoning restriction, by any conditional use permit, or by a building envelope designated
either by Grantor or the Architectural Committee, or as may be specified in this Declaration
or any Supplemental Declaration, whichever is more restrictive. No such structure shall be
located on any Building Lot neazer than twenty (20) feet to the front lot line or neazer than
fifteen (15) feet to the reaz lot line; on corner lots, the street side lot line set-back shall be at
least twenty (20) feet. Single story dwelling structures shall be at least five (5) feet from the
side lot lines; two story dwelling structures shall be at least ten (10) feet from any side lot
line; provided, however that only the second story portion shall be required to be at least
ten (10) feet from the side lot lines. All setbacks are subject applicable city ordinances.
Variances to these standazds must be approved in writing by the Committee.
4.1.4 Accessorv Structures. Detached gazages shall be allowed if in conformity with
the provisions of this Declaration, and as approved by the Architectural Committee.
Garages, detached storage sheds or storage sheds attached to the residential structure, patio
covers and detached patio covers, shall be constructed of, and roofed with, the same
materials, and with similar colors and design, as the residential structure on the applicable
Building Lot. No pools, pool slides, diving boards, hot tubs, spas or similaz items shall
extend higher than five (5) feet above the finished grade surface of the Building Lot upon
which such item(s) aze located, and no playhouses or playground equipment shall extend
higher than ten (10) feet, except for basketball backboards, which may extend beyond this
limit as reasonably required to accommodate a ten (10) foot rim. Basketball backboards
shall be allowed in the front or back yazd of any Building Lot, provided that the location
and type of construction of such backboazds are approved by the Architectural Committee
prior to construction, and do not promote noise or other nuisance that is offensive or
detrimental to other property in the vicinity of the Building Lot or offensive or detrimental
to the occupants of such other property. At a minimum, basketball backboards shall be free
standing, constructed of plexiglass or acrylic materials and shall be supported by removable
metal posts.
4.1.5 Driveways. All access driveways shall have a wearing surface approved by
the Architectural Committee, consisting of concrete, and shall be properly graded to assure
proper drainage. No driveway shall be wider than the garage to which said driveway leads
unless approved by the Architectural Committee.
4.1.6 Mailboxes. All mailboxes and stands will be of consistent design, material
and coloration as specified by the Architectural Committee, and to assure uniformity, shall
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDIVISION PAGE 5
be located at places designated by the Architectural Committee and/or the Postal Service.
4.1.7 Fencing. No fence, hedge or boundary wall situated anywhere upon a
Building Lot shall have a height greater than six (6) feet, or other lesser height as the
Architectural Committee may requ>re, above the finished graded surface. Any fence or
boundary wall constructed on or near the lot line common to one or more Building Lots
shall be constructed as a "good neighbor" (alternating or open panels) fence or wall. No
fence shall be constructed so as to extend toward the front of the Building Lot past the front
plane or the dwelling structure constructed thereon, or closer than ten (10) feet to any side
Building Lot line of a corner of a Building Lot adjacent to a dedicated street. Fencing using
natural landscaping as a visual and/or privacy barrier is strongly encouraged. "Invisible"
fencing to control and contain dogs is strongly encouraged and shall be allowed. No fence
shall be constructed of any material other than wood, nor finished in other than a natural
finish, except as may be specifically approved in writing by the Architectural Committee
prior to construction. All fencing and boundary walls constructed on any Building Lot shall
be of compatible style and material to that other fencing constructed adjacent to or abutting
such Building Lot, and shall otherwise be as approved by the Architectural Committee.
4.1.8 Lighhtina. Exterior lighting, including flood lighting, shall be part of the
architectural concept of the improvements on a Building Lot. Fixtures, standards and all
exposed accessories shall be harmonious with building design, and shall be as approved by
the Architectural Committee prior to installation. Lighting shall be restrained in design, and
excessive brightness shall be avoided.
4.2 Antennae. No exterior radio antenna, television antenna or other antenna of any type
shall be erected or maintained on the Property unless it is approved by the Architectural Committee
and located or screened in a manner acceptable to said Architectural Committee. No satellite dishes
shall be allowed on the Property.
4.3 Insurance Rates. Nothing shall be done or kept on any Building Lot which will
increase the rate of insurance on any other portion of the Property without the approval of the
Owner of such other portion, nor shall anything be done or kept on the Property or a Building Lot
which would result in the cancellation of insurance on any property owned or managed by the
Association or which would be in violation of any law.
4.4 No further Subdivision. Subject to paragraph 3.21, below, no finally platted Building
Lot may be further subdivided, nor may any easement or other interest therein be granted.
4.5 Signs. No sign of any kind shall be displayed to the public view without the approval
of the Architectural Committee or the Association, except: (1) such signs as may be used by
Grantor in connection with the development of the Property and sale of Building Lots; (2)
temporary signs naming the contractors, the architect, and the lending institution for a particular
construction operation; (3) such informational signs, of customary and reasonable dimensions as
prescribed by the Architectural Committee may be displayed on or from the Common Area; and (4)
one (1) sign of customary and reasonable dimensions not to exceed three (3) feet by two (2) feet as
may be displayed by an Owner other than Grantor on or from a Building Lot advertising the
residence for sale or lease. Without limiting the foregoing, no sign shall be placed in any Common
Area without the written approval of the Architectural Committee or the Association.
4.6 Nuisances. No rubbish or debris of any kind shall be placed or permitted to
accumulate anywhere upon the Property, and no odor shall be permitted to arise therefrom so as to
render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to the
Property or to its occupants, or to any other property in the vicinity thereof or to its occupants. No
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDIVISION PAGE 6
noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as
to be offensive or detrimental to the Property or to its occupants or to other property in the vicinity
or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior
speakers, horns, whistles, bells or other sound devises (other than security devices used
exclusively for security purposes which have been approved by the Association), flashing lights or
search lights, shall be located, used or placed on the Property without the prior written approval of
the Association.
4.7 Exterior Maintenance• Owner's Obli atg i, ons; No improvement shall be permitted to
fall into disrepair, and each improvement shall at all tunes be kept m good condition and repair. In
the event that any Owner shall permit any improvement, including trees and landscaping, which is
the responsibility of such Owner to maintain, to fall into disrepa>r so as to create a dangerous,
unsafe, unsightly or unattractive condition, or damages adjoining property or facilities, the Board,
upon fifteen (15) days prior written notice to the Owner of such property, shall have the right to
correct such condition, and to enter upon such Owner's Building Lot for the purpose of doing so,
and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a
Limited Assessment and shall create a lien enforceable in the same manner as other Assessments
set forth in Article VII of this Declaration. The Owner of the offending property shall be
personably liable, and such Owner's property may be subject to a mechanic's lien for all costs and
expenses incurred by the Association in taking such corrective acts, plus all costs incurred in
collecting the amounts due. Each Owner shall pay all amounts due for such work within ten (10)
days after receipt of written demand therefor, or the amounts may, at the option of the Board, be
added to the amount payable by such Owner as Regular Assessments.
4.8 Drainase. There shall be no interference with the established drainage pattern over
any portion of the Property, unless an adequate alternative provision is made for proper drainage
and is first approved in writing by the Architectural Committee. For the purposes hereof,
"established" drainage is defined as the system of drainage, whether natural or otherwise, which
exists at the time the overall grading of any portion of the Property is completed by Grantor, or that
drainage which is shown on any plans approved by the Architectural Committee, which may
include drainage from any Common Area over any Building Lot in the Property.
4.9 r in .The Owner of any Building Lot within the Property in which grading or
other work has been performed pursuant to an approved grading plan shall maintain and repair all
graded surfaces and erosion prevention devices, retaining walls, drainage structures, means and
devices which are not the responsibility of the Association, or a public agency, and plantings and
ground cover installed or completed thereon. Such requirements shall be subject to Regular,
Special, and Limited Assessments provided in Article VII herein, as may be applicable. An
approved grading plan means such plan as may have been approved by the applicable government
agency and/or the Association.
4.10 Water Sn..pnly System. No separate or individual water supply system, regardless of
the proposed use of the water to be delivered by such system, shall be permitted on any Building
Lot unless such system is designed, located, constructed and equipped in accordance with the
requirements, standards and recommendations of the Committee and all governmental authorities
having jurisdiction. Grantor or affiliates of Grantor may use the water supply as deemed necessary
for temporary or other irrigation purposes.
4.11 No Hazardous Activities. No activities shall be conducted on the Property, and no
improvements constructed on any property which are or might be unsafe or hazardous to any
person or property.
4.12 Unsightly Articles. No unsightly articles shall be permitted to remain on any Building
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDMSION PAGE 7
Lot so as to be visible from any other portion of the Property. Without limiting the generality of the
foregoing, refuse, gazbage and trash shall be kept at all times in such containers and in areas
approved by the Architectural Committee. No clothing or fabrics shall be hung, dried or aired in
such a way as to be visible to other property, and no equipment, heat pumps, compressors,
containers, lumber, firewood, grass, shrub or tree clippings, plant waste, metals, bulk materials,
scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Building Lot except
within an enclosed structure or as appropriately screened from view. No vacant residential
structures shall be used for the storage of building materials.
4.13 No Tempor Structures. No house trailers, mobile home, tent (other than for short
term individual use which shall not exceed one month unless approved by the Association), shack
or other temporary building, improvement or structure shall be placed upon any portion of the
Property, except temporarily as may be required by construction activity undertaken on the
Property. Also excepted from this requirement is any sales office established by Grantor for the
Property.
4.14 No unscreened Item. No garbage cans, trash containers, firewood, boats, trailers,
campers, all-terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired
and unsightly vehicles or similar items, vehicles or equipment shall be placed or parked upon any
portion of the Property (including, without limitation, streets, parking azeas and driveways) unless
the same are enclosed by a structure concealing them from view in a manner approved by the
Architectural Committee. To the extent possible, garage doors shall remain closed at all times.
4.15 Sewage Disposal S s~tem• No individual sewage disposal system shall be used on the
Property. Each Owner shall connect the appropriate facilities on such Owner's Building Lot to the
municipal sewer system and pay all chazges assessed therefor.
4.16 No Mining or Drilling. No portion of the Property shall be used for the purpose of
mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other
hydrocarbons, minerals, rocks, stones, sand, gravel, or earth. This paragraph shall not prohibit
exploratory drilling or coring which is necessary to construct a residential structure or
improvements.
4.17 Energy Devices. Outside. No energy production devices, including but not limited to
generators of any kind and solar energy devices, shall be constructed or maintain on any portion of
the Property without the written approval of the Architectural Committee, except for heat pumps
shown in the plans approved by the Architectural Committee.This pazagraph shall not apply to
passive solar energy systems incorporated into the approved design of a residential structure.
4.18 Vehicles. The use of all vehicles, including by not limited to trucks, automobiles,
bicycles, motorcycles, snowmobiles, aircraft and boats, shall be subject to all Association Rules,
which may prohibit or limit the use thereof. No on-street pazking shall be permitted except where
expressly designated for pazking use. No parking bays shall be permitted in any side, front or back
yazd. Vehicles parked on a driveway shall not extend into any sidewalk or bike path or pedestrian
path.
4.19 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be kept
on the Property unless the presence of such creatures does not constitute a nuisance. The paragraph
does not apply to the keeping of up to two (2) domesticated dogs, up to two (2) domesticated cats,
and other household pets which do not unreasonably bother or constitute a nuisance to others.
Without limiting the generality of the foregoing, consistent and/or chronic barking by dogs shall be
considered a nuisance. Each dog shall be kept on a leash, curbed, and otherwise controlled at all
times when such animal is off the premises of the Owner. The animal owner shall clean up any
animal defecation immediately from common areas or public rights-of-way. Failure to do so may
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDMSION PAGE 8
result, at the Board's discretion, with a Limited Assessment levied against such animal owner. The
construction of dog runs or other pet enclosures shall be subject to Architectural Committee
approval, shall be appropriately screened, and shall be maintained in a sanitary condition. Dog runs
or other pet enclosures shall be placed a minimum of ten (10) feet from the side and twenty-five
(25) feet from the rear Building Lot line, shall not be placed in any front yard of a Building Lot,
and shall be screened from view so as not to be visible from the street or an adjacent Building Lot.
The use of "invisible" fencing to control or restrain dogs to the respective animal owner's lot is
strongly encouraged and is recommended.
4.20 Landscaping. The Owner of any Building Lot shall sod and landscape such Building
Lot in conformance with the Architectural Design Standards and Construction Guidelines, and
incorporated herein by this reference, and the Owner's specific landscape plan submitted to and
approved by the Architectural Committee. All landscaping shall be planted within thirty (30) days
after the dwelling structure is completed, except that during the months of November through
March, an extension of time may be granted by the Architectural Committee for reasons of cold or
inclement weather. Prior to construction of improvements, the Owner shall provide adequate
irrigation and maintenance of existing trees and landscaping, shall control weeds, and maintain the
Owner's property in a clean and safe condition free of debris or any hazardous condition.
4.21 Exemption of Grantor. Nothing contained herein shall limit the right of the Grantor to
subdivide or re-subdivide any portion of the Property, to grant licenses, to reserve rights-of-way
and easements with respect to Common Area to utility companies, public agencies or others, or to
complete excavation, grading and construction of improvements to and on any portion of the
Property owner by Grantor, or to alter the foregoing and its construction plans and designs, or to
construct such additional improvements as Grantor deems advisable in the course of development
of the Property so long as any Building Lot in the Property remains unsold. Such right shall
include, but shall not be limited to, erecting, constructing and maintaining on the Property such
structures and displays as may be reasonably necessary for the conduct of Grantor's business of
completing the work and disposing of the same by sales, lease or otherwise. Grantor shall have the
right at any time prior to acquisition of title to a Building Lot by a purchaser from Grantor to grant,
establish and/or reserve on that Building Lot additional licenses, reservations and right-of--way to
Grantor, to utility companies, or to others as may from time to time be reasonably necessary to the
proper development and disposal of the Property. Grantor may use any structure owned by
Grantor on the Property as a model home complex or real estate sales or leasing office. Grantor
need not seek or obtain Architectural Committee approval of any improvement constructed or
placed by Grantor or an affiliate of Grantor on any portion of the Property owned by Grantor or an
affiliate of Grantor. The rights of Grantor hereunder may be assigned by Grantor to any successor
in interest in connection with Grantor's interest in any portion of the Property, by an express
written assignment recorded in the Office of the Ada County Recorder.
4.22 Conveyances to and from Municipalities. The Board shall have the power to convey
any Common Area to the City of Meridian, the County of Ada, the State of Idaho, the United
States of America or any political subdivision thereof. The Board shall also have the power to
receive a conveyance of any property interest from the above-referenced entities or any other
individual or entity and to hold such property interest as Common Area.
4.23 Commencement of Construction. Any Owner of a Building Lot shall, within a period
of one (1) year following the date of purchase of the Building Lot from Grantor, commence the
construction of a dwelling structure in compliance with the restrictions herein, and such
construction shall be completed within six (6) months thereafter. The term "commence the
construction" as used in this paragraph, shall require actual physical activities upon such dwelling
structure upon such Building Lot. In the event such Owner shall fail or refuse to commence the
construction of a dwelling structure within said one (1) year period, Grantor may, at Grantor's
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDNISION PAGE 9
option, following the expiration of said one (1) year period, repurchase said Building Lot from
such Owner or the then Owner of such Building Lot at a repurchase price equivalent to the money
actually paid to Grantor, less an amount equivalent to ten percent (10°Io) thereof. In the event
Grantor shall exercise Grantor's option to repurchase such Building Lot, upon tender of said
repurchase price, Owner or the then Owner of such Building Lot shall make, execute and deliver to
Grantor a deed reconveying said Building Lot, free and clear of all liens, which deed shall be
binding upon all persons who may, at any time hereafter, own or claim any right, title, or interest
in such Building Lot, and the successors in title thereof, whether acquired by voluntary act or
through operation of law. Grantor shall be entitled to pursue the remedy of specific performance
with respect to this paragraph.
Following commencement of any construction of any improvement, construction shall be
diligently pursued and completed as soon as specifically set forth herein, or otherwise as soon as
.reasonably practicable.
ARTICLE V: KENTFIELD MANOR
HOMEOWNERS ASSOCIATION
5.1 Organization of Kentfield Manor Homeowners Association. Kentfield Manor
Homeowners Association, Inc., ("Association") shall be initially organized by Grantor as an Idaho
non-profit corporation under the provisions of the Idaho Code relating to general non-profit
corporations and shall be charged with duties and invested with the powers prescribed by law and
set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall be
amended or otherwise changed or interpreted so as to be inconsistent with this Declaration or with
any Supplemental Declaration which Grantor might adopt pertaining to Kentfield Manor.
5.2 Membership. Each Owner, by virtue of being an Owner and for so long as such
ownership is maintained, shall be a Member of the Association.. Membership in the Association,
shall be appurtenant to the Tract, Building Lot or other portion of the Property owned by such
Owner. The membership in the Association shall not be transferred, pledged, assigned or alienated
in any way except upon transfer of Owner's title and then only to the transferee of such title. Any
attempt to make a prohibited membership transfer shall be void and will not be reflected on the
books of the Association.
5.3 Voting' Except as provided below for Grantor, voting in the Association shall be
carried out by Members who shall cast the votes attributable to the Building Lots which they own.
The number of votes such Member may cast on any issue is determined by the number of Building
Lots which the Member owns. With respect to Grantor, the number of votes which Grantor may
cast is determined by the number of Building Lots within the Property which have been finally
platted. For the purposes of clarification, and to insure that Grantor maintains control over the
development and management of the Property, it is specifically set forth that, as of the date hereof,
the Property consists of fifty-six (56) Building Lots; that voting rights attach to all fifty-six (56)
Building Lots as long as the same are within the definition of the Property as set forth in paragraph
3.19, above; and that Grantor shall be presently entitled to the voting rights attached to each
Building Lot Grantor owns.
For voting purposes, the Association shall have two (2) classes of Members as described
below:
5.3.1 Class A Members. Owners other than Grantor shall be known as Class A
Members. Each Class A Member shall be entitled to cast one (1) vote for each Building Lot
owned by such Class A Member on the date of the vote.
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIEI..D MANOR SUBDIVISION PAGE 10
5.3.2 Class B Members. The Grantor shall be known as the Class B Member, and
shall be entitled to ten (10) votes for each Building Lot of which Grantor is the Owner. The
Class B Member shall cease and be converted automatically to a Class A Member upon the
earlier occurrence of (i) when the total cumulative votes of the Class A Members equal or
exceed the total votes of the Class B Member, or (ii) ten (10) years from the date on which
the first Building Lot is sold to an Owner, other than Grantor.
When more than one person holds an interest in any Building Lot, all such persons shall be
Members but shall share the votes attributable to the Building Lot. Fractional votes, however, shall
not be allowed. In the event that joint Owners are unable to agree among themselves as to how
their vote or votes shall be cast, they shall lose their right to vote on the matter being put to vote.
When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such
Owner was acting with authority and consent of all joint Owners of the Building Lot(s) from which
the vote derived. The right to vote may not be severed or separated from the ownership of the
Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may
assign such Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the
Building Lot concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale,
transfer or conveyance of such Building Lot to a new Owner shall operate automatically to transfer
the appurtenant voting right to the Owner, subject to any assignment of the right to vote to a lessee,
mortgagee, or beneficiary as provided herein.
5.4 Board of Directors and Officers. The affairs of the Association shall be conducted and
managed by the Board of Directors ("Board") and such officers as the Board may elect or appoint,
in accordance with the Articles and Bylaws, as the same may be amended from time to time. The
Board of the Association shall be elected in accordance with the provisions set forth in the Bylaws.
5.5 Powers and Duties of the Association.
5.5.1 Powers• The association shall have all the powers of a corporation organized
under the general corporation laws of the State of Idaho subject only to such limitations
upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, and
this Declaration. The Association shall have the power to do any and all lawful things
which may be authorized, required or permitted to be done by the Association under Idaho
law and under this Declaration, and the Articles and Bylaws, and to do and perform any
and all acts which may be necessary to, proper for, or incidental to the proper management
and operation of the Common Area and the Association's other assets, and the affairs and
performance of the other responsibilities herein assigned, including without limitation, the
following:
5.5.1.1 Assessments. The power to levy Assessments on an Owner or any
portion of the Property and to force payment of such Assessments, all in accordance
with the provisions of this Declaration.
5.5.1.2 Right of Enforcement. The power and authority from time to time in
its own name, on its own behalf, or on behalf of any Owner who consents thereto, to
commence and maintain actions and suits to restrain and enjoin any breach or
threatened breach of this Declaration or the Articles or the Bylaws, including the
Association Rules adopted pursuant to this Declaration, and to enforce by injunction
or otherwise, all provisions hereof.
5.5.1.3 Delegation of Powers. The authority to delegate its power and duties
to committees, officers, employees, or to any person, firm or corporation to act as
COVENANTS, CONDITIONS & RESTRICTIONS POR KENTFIEI.D MANOR SUBDIVISION PAGE 11
manager, and contract for the maintenance, repair, replacement and operation of the
Common Area. Neither the Association or the members of its Board shall be liable for
any omission or improper exercise by the manager of any such duty or power so
delegated.
5.5.1.4 Association Rules. The power to adopt, amend and repeal by
majority vote of the Board such rules and regulations as the Association deems
reasonable. The Association may govern the use of the Common Areas by the
Owners, their families, invitees, licensees, lessees or contract purchasers; provided,
however, that any Association Rules shall apply equally to all Owners and shall not
be inconsistent with this Declaration, the Articles or Bylaws. A copy of the
Association Rules as they may from time to time be adopted, amended or repealed,
shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery,
the Association Rules shall have the same force and effect as if they were set forth in
and were apart of this Declaration. In the event of any conflict between the
Association Rules and any other provisions of this Declaration, or the Articles or
Bylaws, the provisions of the Association Rules shall be deemed to be superseded by
the provisions of this Declaration.
5.5.1.5 Emer ency Powers. The power, exercised by the Association or by
any person authorized by it, to enter upon any property (but not inside any building
constructed thereon) in the event of any emergency involving illness or potential
danger to life or property or when necessary in connection with any maintenance or
construction for which the Association is responsible. Such entry shall be made with
as little inconvenience to the Owner as practicable, and any damage caused thereby
shall be repaired by the Association.
5.5.1.6 Licenses. Easements and Rights -of-waX, The power to grant and
convey to any third party such licenses, easements and rights-of-way in, on or under
the Common Area as may be necessary or appropriate for the orderly maintenance,
preservation and enjoyment of the Common Area, and for the preservation of the
health, safety, convenience and welfare of the Owners, operating or maintaining:
5.5.1.6.1 Underground lines, cables, wires, conduits or other
devices for the transmission of electricity or electronic signals for lighting,
heating, power, telephone, television or other purposes, and the above ground
lighting stanchions, meters, and other facilities associated with the provisions of
lighting and services; and
5.5.1.6.2 Public sewers, storm drains, underground irrigation pipes,
water drains and pipes, water supply systems, sprinkling systems, heating and
gas lines or pipes, and any similar public or quasi-public improvements or
facilities,
5.5.1.6.3 Mailboxes and sidewalk abutments around such mailboxes
or any service facility, berm, fencing and landscaping abutting common areas,
public and private streets and land conveyed for any public or quasi-public
purpose including, but not limited to pedestrian bicycle pathways.
The right to grant such licenses, easements and rights-of-way are hereby expressly
reserved to the Association and may be granted at any time prior to twenty-one (21) years
after the death of the issue of the individual(s) executing this Declaration who is (are) in
being as of the date hereof.
COVENANTS, CONDITIONS & RESTRICTIONS POR KENTFIELD MANOR SUBDMSION PAGE 12
5.5.2 Duties. In addition to duties necessary and proper to carry out the powers
delegated to the Association by this Declaration, and the Articles and Bylaws, without
limiting the generality thereof, the Association or its agent, if any, shall have the authority
and the obligation to conduct all business affairs of the Association and to perform, without
limitation, each of the following duties:
5.5.2.1 Operation and Maintenance of Common Area Operate, maintain,
and otherwise manage or provide for the operation, maintenance and management of
the Common Area, including the repair and replacement of property damaged or
destroyed by casualty loss.
Specifically, the Association shall, at Grantor's sole discretion, operate and
maintain all properties owned by Grantor for temporary or permanent use by
Members.
5.5.2.2 Reserve Account. Establish and fund a reserve account with a
reputable banking institution or savings and loan association or title insurance
company authorized to do business in the State of Idaho, which reserve account shall
be dedicated to the cost of repairs, replacement, maintenance and improvement of the
Common Area.
5.5.2.3 Taxes and Assessments Pay all real and personal property taxes and
Assessments separately levied against the Common Area or against the Association
and/or any other property owned by the Association. Such taxes and Assessments
may be contested or compromised by the Association, provided, however, that such
taxes and Assessments are paid or a bond insuring payment is posted prior to the sale
of disposition of any property to satisfy the payment of such taxes and Assessments.
In addition, the Association shall pay all other federal, state or local taxes, including
income or corporation taxes levied against the Association, in the event that the
Association is denied the status. of a tax exempt corporation.
5.5.2.4 Water and Other Utilities. Acquire, provide and/or pay for water,
sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas
and other necessary services for the Common Area, and to manage all domestic,
irrigation and amenity water rights and rights to receive water held by the
Association, whether such rights are evidenced by license, permit, claim, stock
ownership or otherwise.
5.5.2.5 Insurance. Obtain insurance from reputable insurance companies
authorized to do business in the State of Idaho, and maintain in effect any insurance
policy the board deems necessary or advisable, including, without limitation the
following policies of insurance:
5.5.2.5.1 Fire insurance including those risks embraced by coverage
of the type known as the broad form "All Risk" or special extended coverage
endorsement on a blanket agreed amount basis for the full insurance
replacement value of all improvements, equipment and fixtures located within
the Common Area.
5.5.2.5.2 Comprehensive public liability insurance insuring the
Board, the Association, the Grantor and the individual grantees and agents and
COVENANTS, CONDTI'IONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDIVISION PAGE 13
employees of each of the foregoing against any liability incident to the
ownership and/or use of the Common Area. Limits of Liability of such
coverage shall be as follows: Not less than Five Hundred Thousand Dollars
($500,000.00) per person and Five Hundred Thousand Dollars ($500,000.00)
per occurrence with respect to personal injury or death, and Five Hundred
Thousand Dollars ($500,000.00) per occurrence with respect to property
damage.
5.5.2.5.3 Full coverage directors' and officers' liability insurance
with a limit of at least One Hundred Thousand Dollars ($100,000.00).
5.5.2.5.4 Such other insurance, including motor vehicle insurance
and Workman's Compensation insurance, to the extent necessary to comply
with all applicable laws and indemnity, faithful performance, fidelity and other
bonds as the Board shall deem necessary or required to carry out the
Association functions or to insure the Association against any loss from
malfeasance or dishonesty of any employee or other person charged with the
management or possession of any Association funds or other property.
5.5.2.5.5 The Association shall be deemed trustee of the interests of
all Owners in connection with any insurance proceeds paid to the Association
under such policies, and shall have full power to receive such Owner's interest
in such proceeds and to deal therewith.
5.5.2.5.6 Insurance premiums for the above insurance coverage shall
be deemed a common expense to be included in the Regular Assessments levied
by the Association.
5.5.2.6 Rule Malone. Make, establish, promulgate, amend and repeal such
Association Rules as the Board shall deem advisable.
5.5.2.7 Newsletter. If it so elects, prepare and distribute a newsletter on
matters of general interest to Association Members, the cost of which shall be
included in Regular Assessments.
5.5.2.8 Architectural Committee Appoint and remove members of the
Architectural Committee, subject to the provisions of this Declaration.
5.5.2.9 Enforcement of Restrictions and Rules Perform such other acts,
whether or not expressly authorized by this Declaration, as may be reasonably
advisable or necessary to enforce any of the provisions of the Declaration, or of the
Articles or Bylaws, including, without limitation, the recordation of any claim of lien
with the Ada County Recorder, as more fully provided herein.
5.5.2.10 Private Street Li hg_ts. Maintain, repair or replace private street lights
located on the Property. This duty shall run with the land and cannot be waived by
the Association unless the City of Meridian consents to such waiver.
5.6 Personal Liabilitk No Member of the Board, or member of any committee of the
Association, or any officers of the Association, or the Grantor, or the manager, if any, shall be
personally liable to any Owner, or to any other party, including the Association, for any damage,
loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the
Association, the Board, the manager, if any, or any other representative or employee of the
Association, the Grantor, or the Architectural Committee, or any other committee, or any officer of
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDMSION PAGE 14
the Association, or the Grantor, provided that such person, upon the basis of such information as
may be possessed by such person, has acted in good faith without willful or intentional
misconduct, and, provided that such person has so acted, the Association shall indemnify and hold
harmless said person from any damage, loss or prejudice aforesaid.
5.7 Budgets and Financial Statements Financial Statements for the Association shall be
prepared regularly and copies shall be distributed to each Member of the Association as follows:
5.7.1 A pro forma operating statement or budget, for each fiscal year shall be
distributed not less than sixty (60) days before the beginning of each fiscal year. The
operating statement shall include a schedule of Assessments received and receivable,
identified by the Building Lot number and the name of the person or entity assigned.
5.7.2 Within thirty (30) days after the close of each fiscal year, the Association shall
cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the
Association's fiscal year and annual operating statements reflecting the. income and
expenditures of the Association for its last fiscal year.
Copies of the balance sheet and operating statement shall be distributed to each
Member within ninety (90) days after the end of each fiscal year.
5.8 Meetings of the Association Each year the Association shall hold at least one meeting
of the Members, according to the schedule for such meetings established by the Bylaws. Only
Members shall be entitled to attend Association meetings, and all other persons may be excluded.
Notice to all Association meetings, regular or special, shall be given by regular mail to all
Members, and any person in possession of a Building Lot, not less than ten (10) days nor more
than fifty (50) days before the meeting and shall set forth the place, date and hour of the meeting
and the nature of the business to be conducted. All meetings shall be held within the Property or as
close thereto as practical at a reasonable place selected by the Board. The presence at any meeting
in person or proxy of the Class B Member where there is such a Member and of the Class A
Members representing Owners holding at least one-third (1/3) of the total votes of all Class A
Members shall constitute a quorum. If any meeting cannot be held because a quorum is not
present, the Members present may, as otherwise provided by law, adjourn the meeting to a time
not less than ten (10) days nor more than thirty (30) days from the time the original meeting was
scheduled. A second meeting may be called as the result of such an adjournment, provided notice
is given as provided above. At any such meeting properly called, the presence of any member shall
constitute a quorum.
ARTICLE VI: RIGHTS TO COMMON AREA
6.1 Use of Common Area Every Owner shall have a right to use and enjoy the Common
Area, which right shall be appurtenant to and shall pass with the title to every Building Lot, subject
to the following provisions:
6.1.1 The right of the Association, as it may hold or control such Common Area, to
levy and increase Assessments;
6.1.2 The right of the Association to suspend the voting rights and rights to use of,
or interest in, Common Area Property (but not including access to private streets, cul-de-
sacs and walkways of the Property by an Owner for any period during which any
Assessment or charge against such Owner's Building Lot remains unpaid; and for a period
not to exceed sixty (60) days for an infraction of the Association Rules;
COVENANTS, CONDITIONS & RESTRICTIONS I~R KENTFIELD MANOR SUBDIVISION -PAGE 15
6.1.3 The right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority or utility for such purposes and subject to
such conditions as may be permitted by the Articles and Bylaws and agreed to by the
Members. No dedication or transfer of said Common Area shall be effective unless an
instrument agreeing to such dedication or transfer signed by Members representing two-
thirds (2/3rds) of each class of Members has been recorded;
6.1.4 The right of the Association to prohibit the construction of structures or
improvements on all Common Areas which interfere with the intended use of such areas as
walkways.
6.2 Designation of Common Area Grantor shall designate and reserve Common Area in
the Declaration, Supplemental Declarations and/or recorded Plats, deeds or other instruments
and/or as otherwise provided herein.
6.3 Designation of Right to Use Any Owner may delegate, in accordance with the
Bylaws and Association Rules as the case may be, such Owner's right of enjoyment to the
Common Area, to the members of such Owner's family in residence, and such Owner's tenants or
contract purchasers who reside on such Owner's Building Lot. Only Grantor shall have the right to
delegate the right of enjoyment to the Common Area to the general public, and such delegation to
the general public shall be for a fee set by Grantor.
6.4 Damages. Each Owner shall be fully liable for any damages to any Common Area
which may be sustained by reason of the negligence or willful misconduct of the Owner, such
Owner's resident tenant or contract purchaser, or such Owner's family and guests, both minor and
adult. In the case of joint ownership of a Building Lot, the liability of such Owners shall be joint
and several. The cost of correcting such damage shall be a Limited Assessment against the
Building Lot and may be collected as provided herein for the collection of other Assessments.
ARTICLE VII: ASSESSMENTS
7.1 Covenants to Pav Assessments By acceptance of a deed to any property in Kentfield
Manor, each Owner of such property hereby covenants and agrees to pay when due all
Assessments or charges made by the Association, including all Regular, Special and Limited
Assessments and charges made against such Owner pursuant to the provisions of this Declaration
or other applicable instrument.
7.1.1 Assessment Constitutes Lien Such Assessments and charges together with
interest, cost and reasonable attorney's fees which may be incurred in collecting the same,
shall be a charge on the land and shall be a continuing lien upon the property against which
each such Assessment or charge is made.
7.1.2 Assessment is Personal Obligation Each such Assessment, together with
interest, costs and reasonable attorney's fees, shall also be the personal obligation of the
Owner of such property beginning with the time when the Assessment falls due. The
personal obligation for delinquent Assessments shall not pass to such Owner's successors
in title unless expressly assumed by them but shall remain such Owner's personal
obligation regardless of whether he or she remains an Owner.
7.2 Regular Assessments. All Owners, including the Grantor, are obligated to pay
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDMSION PAGE 16
Regular Assessments to the treasurer of the Association on a schedule of payments established by
the Board.
7.2.1 Puruose of Regular Assessment The proceeds from Regular Assessments
are to be used to pay for all costs and expenses incurred by the Association, including legal
and attorney's fees and other professional fees, for the conduct of its affairs, including
without limitation the cost and. expenses of construction, improvement, protection,
maintenance, repair, management and operation of the Common Area, including all
improvements located on such areas owned and/or managed and maintained by the
Association, and an amount allocated to an adequate reserve fund to be used for repairs,
replacement, maintenance and improvement of those elements for the Common Area, or
other property of the Association that must be replaced and maintained on a regular basis
(collectively "Expenses").
7.2.2 Computation of Regular Assessments The Regular Assessment for calendar
year 1994 for Class A Members shall be $100.00. Thereafter, the Association shall
compute the amount of its expenses on an annual basis. The Board shall compute the
amount of Regular Assessments owned beginning the first day of the third month
following the month in which the closing of the first sale of a Building Lot occurred
("Initiation Date"). Thereafter, the computation of Regular Assessments shall take place not
less than thirty (30) nor more than sixty (60) days before the beginning of each fiscal year
of the Association. The computation of the Regular Assessment for the period from the
Initiation Date until the beginning of the next fiscal year shall be reduced by a pro rata
amount based on the number of months if such period is less than one year.
7.2.3 Amounts Paid by Owners The Board can require, in its discretion or as
provided in the Articles or Bylaws, payment of Regular Assessments in monthly,
quarterly, semi-annual or annual installments. The Regular Assessment to be paid by any
particular Owner, including Grantor, for any given fiscal year shall be computed as
follows: Each Owner shall be assessed and shall pay an amount computed by multiplying
the Association's total advance estimate of expenses by the fraction produced by dividing
the finally platted Building Lots attributable to the Owner by the total number of finally
platted Building Lots in the Property.
7.3 Special Assessments.
7.3.1 P,~rpose and Procedure In the event that the Board shall determine that its
respective Regular Assessment for a given calendar year is or will be inadequate to meet the
expenses of the Association for any reason, including but not limited to cost of
construction, reconstruction, unexpected repairs or replacement of capital improvements
upon the Common Area, attorney's fees and/or litigation costs, other professional fees, or
for any other reason, the Board shall deternne the approximate amount necessary to defray
such expenses and levy a Special Assessment against the Property which shall be computed
in the same manner as Regular Assessments. No Special Assessment shall be levied which
exceeds twenty percent (20%) of the budgeted gross expenses of the Association for that
fiscal year, without the vote or written assent of the Owners representing a majority of the
votes of the Members of the Association. The Board shall, in its discretion, determine the
schedule under which such Special Assessment will be paid.
7.3.2 Consistent Basis of Assessment Every Special Assessment levied by and for
the Association shall be levied and paid upon the same basis as that prescribed for the
levying and payment of Regular Assessments for the Association.
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDIVISION PAGE 17
7.4 Limited Asses ments Notwithstanding the above provisions with respect to Regular
and Special Assessments, the Board may levy a Limited Assessment against a Member as a remedy
to reimburse the Association for costs incurred in bringing the Member and/or such Member's
Building Lot into compliance with the provisions of the governing instrument for Kentfield Manor.
7.5 Uniform Rate of Assessment Unless otherwise specifically provided herein, Regular
and Special Assessments shall be fixed at a uniform rate per Building Lot for all members of the
Association.
7.6 Assessment Period Unless otherwise provided in the Articles or Bylaws, the
Assessment period shall commence on January 1 of each year and terminate December 31 of the
yeaz in which the Initiation Date occurs. The first Assessment shall be in the amount of one
hundred dollazs ($100.00) and shall be collected in full at the closing of the Building Lot,
regardless of the time of year the building lot is conveyed to Owner.
7.7 Notice and Assessment Due Date Ten (10) days prior written notice of Regular and
Special Assessments shall be sent to the Owners of every Building Lot subject thereto, and to any
person in possession of such Building Lot. The due dates for payment of Regulaz Assessments
and Special Assessments shall be the first day of the month unless some other due date is
established by the Board. Each installment of the Regular Assessment or Special Assessment shall
become delinquent if not paid within ten (10) days after the due thereof. There shall accrue with
each delinquent payment, a late charge equal to ten percent (10%) of the delinquent payment. In
addition, each payment which is delinquent for more than twenty (20) days shall accrue interest at
eighteen percent (18%) per annum calculated from the date of delinquency to and including the date
full payment is received by the Association. The Association may bring an action against the
delinquent Owner and may foreclose the lien against such Owner's Building Lot as more fully
provided herein. Each Owner is personally liable for Assessments, together with all interest, costs
and attorney's fees, and no Owner may exempt such Owner from such liability by a waiver of the
use and enjoyment of the Common Areas, or by lease or abandonment of such Owner's Building
Lot.
7.8 Estoppel Certificate The Association, upon at least twenty (20) days prior written
request, shall execute, acknowledge and deliver to the party making such request, a statement in
venting stating whether or not, to the knowledge of the Association, a particulaz Building Lot
Owner is in default under the provisions of this Declaration, and further stating that dates to which
any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this
paragraph may be relied upon by any prospective purchaser or mortgagee of the Owner's Building
Lot. Reliance on such Certificate may not extend to any default as to which the signor shall have
had no actual knowledge.
7.9 Special Notice and Ouorum Requirements Notwithstanding anything to the contrary
contained in either the Bylaws or the Articles, written notice of any meeting called for the purpose
of levying a Special Assessment, or for the purpose of obtaining a membership vote in connection
with an increase in the Regular Assessment, shall be sent to all Members of the Association and to
any person in possession of a Building Lot in the applicable Tract, not less than fifteen (15) days
nor more than fifty (50) days before such meeting. At the first such meeting called, the presence of
Members or of proxies entitled to cast sixty percent (60%) of the total votes of the Association shall
constitute a quorum. If such quorum is not present, subsequent meetings may be called subject to
the same notice requirement, and the required quorum at the subsequent meeting shall be fifty
percent (50%) of the quorum required at the preceding meeting. No such subsequent meeting shall
be held more than thirty (30) days following the preceding meeting.
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDIVISION PAGE 18
ARTICLE VIII: ENFORCEMENT OF ASSESSMENTS; LIENS
8.1 Right to Enforce The Association has the right to collect and enforce its Assessments
pursuant to the provisions hereof. Each Owner of a Building Lot, upon becoming an Owner of
such Building Lot, shall be deemed to covenant and agree to pay each and every Assessment
provided for m this manner herein specified. In the event an attorney or attorneys are employed for
the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or
specific performance of the terms and conditions of this Declaration, each Owner agrees to pay
reasonable attorney's fees in addition to any other relief or remedy obtained against such Owner.
The Board or its authorized representative may enforce the obligations of the Owners to pay such
Assessments by commencement and maintenance of a suit pursuant to paragraph 8.3 to enforce the
lien created hereby. A suit to remove a money judgment for an unpaid Assessment shall be
maintainable without foreclosing or waiving the lien hereinafter provided.
8.2 Assessment Liens.
8.2.1 Creation. There is hereby created a claim of lien with power of sale on each
and every Building Lot to secure payment of any and all Assessments levied against such
Building Lot pursuant to this Declaration together with interest thereon at the maximum rate
permitted by law or as set forth herein, and all costs of collection which may be paid or
incurred by the Association making the Assessment in connection therewith, including
reasonable attorney's fees. All sums assessed in accordance with the provisions of this
Declaration shall constitute a lien on such respective Building Lots upon recordation of a
claim of lien with the Ada County Recorder. Such lien shall be prior and superior to all
other liens and claims created subsequent to the recordation of the notice of delinquency
and claim of lien except for tax liens for real property taxes on any Building Lot and
Assessments on any Building Lot in favor of any municipal or other governmental
assessing body which, by law, would be superior thereto.
8.2.2 Claim of Lien. Upon default of any Owner in the payment of any Regular,
Special or Limited Assessment issued hereunder the Association may cause to be recorded
in the office of the Ada County Recorder a claim of lien. The claim of lien shall state the
amount of such delinquent sums and other authorized charges (including the cost of
recording such notice), a sufficient description of the Building Lot(s) against which the
same have been assessed, and the name of the record Owner thereof. Each delinquency
shall constitute a separate basis for a notice and claim of lien. Upon payment to the
Association of such delinquent sums and charges in connection therewith or other
satisfaction thereof, the Association shall cause to be recorded a further notice stating the
satisfaction of relief of such delinquent sums and charges. The Association may demand
and receive the cost of preparing and recording such release before recording the same.
8.3 Method of Foreclosure Such lien may be foreclosed by appropriate action in court or
by sale by the Association establishing the Assessment, its attorney or other person authorized to
make the same. Such sale shall be conducted in accordance with the provisions of the Idaho Code
applicable to the exercise of powers of sale permitted by law. The Board is hereby authorized to
appoint its attorney, any officer or director of the Association, or any title company authorized to
do business in Idaho as Trustee for the purpose of conducting such power of sale or foreclosure.
8.4 Required Notice. Notwithstanding anything contained in this Declaration to the
contrary, no action may be brought to foreclose the lien created by recordation of the notice of
delinquency and claim of lien, whether judicially, by power of sale or otherwise, until the
expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United
States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s) described
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDIVISION PAGE 19
in such notice of delinquency and claim of lien, and to the person in possession of such Building
Lot(s), and a copy thereof is recorded by the Association in the Office of the Ada County
Recorder.
8.5 Subordination to Certain Trust Deeds The lien for the Assessments provided for
herein in connection with a given Building Lot shall not be subordinate to the lien of any deed of
trust or mortgage except the lien of a first deed of trust or first mortgage given and made in good
faith and for value that is of record as an encumbrance against such Building Lot prior to the
recordation of a claim of lien for the Assessments. Except as expressly provided in paragraph 8.6
with respect to a first mortgagee who acquires title to a Building Lot, the sale or transfer of any
Building Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by
the recordation of a claim of lien, on account of the Assessments becoming due whether before,
on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the
personal obligation of any Owner for delinquent Assessments as provided for in this Declaration.
8.6 Right of Mortgagees. Notwithstanding any other provisions of this Declaration, no
amendment of this Declaration shall operate to defeat the rights of the Beneficiary under and deed
of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation
of such amendment, provided that after the foreclosure of any deed of trust such Building Lot shall
remain subject to this Declaration as amended.
ARTICLE IX: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS
9.1 Member's Right of Inspection The membership register, books of account and
minutes of meetings of the Board and committees of the Association shall be made available for
inspection and copying by any Member of the Association or by such Member's duly appointed
representatives, at any reasonable time during business hours and for a purpose reasonably related
to such Member's interest as a Member at the office of the Association or at such place as the
Board shall prescribe. No Member or any other person shall copy the membership register for the
purpose of solicitation of or direct mailing to any Member of the Association.
9.2 Rules Regarding Inspection of Books and Records The Board shall establish
reasonable rules with respect to:
9.2.1 Notice to be given to the custodians of the records by the persons desiring to
make the inspection.
9.2.2 Hours and days of the week when such an inspection maybe made.
9.2.3 Payment of the cost of reproducing copies of documents requested pursuant
to this Article.
9.3 Director's Right of Inspection Every director shall have the absolute right at any
reasonable time to inspect all books, records and documents of the Association, and the physical
properties owned or controlled by the Association. The right of inspection by a director includes
the right to make extracts and copies of documents.
ARTICLE X: ARCHITECTURAL COMMITTEE
10.1 Creation. Within thirty (30) days of the date on which Grantor first conveys a
Building Lot to an Owner, Grantor shall appoint two (2) individuals to serve on the Architectural
Committee ("Architectural Committee"). Each member shall hold office until such time as such
COVENANTS, CONDITIONS & RESTRICTIONS POR KENTFIELD MANOR SUBDMSION PAGE 20
member has resigned or has been removed, or such member's successor has been appointed, as
provided herein. A member of the Architectural Committee need not be an Owner. Members of the
Architectural Committee may be removed by the person or entity appointing them at any time
without cause.
10.2 Grantor's Right of Appointment At any time, and from time to time, prior to ten (10)
years after the recording date of this Declaration in which Grantor is the Owner of at least ten
percent (10%) of the aggregate Building Lots, Grantor shall have the exclusive right to appoint and
remove all members of the Architectural Committee. At all other times, the Board shall have the
right to appoint and remove all members of the Architectural Committee. If a vacancy on the
Architectural Committee occurs and a permanent replacement has not yet been appointed, Grantor
or the Board, as the case may be, may appoint an acting member to serve for a specified temporary
period not to exceed one (1) year.
10.3 Review of Proposed Construction The Architectural Committee shall consider and
act upon any and all proposals or plans and specifications submitted for its approval pursuant to
this Declaration, and perform such duties as from time to time shall be assigned to it by the Board,
including the inspection of construction in progress to assure its conformance with plans approved
by the Architectural Committee. The Board shall have the power to determine, by rule or other
written designation consistent with this Declaration, which types of improvements shall be
submitted for Architectural Committee review and Approval. The Architectural Committee shall
have the power to hire an architect, licensed with the State of Idaho, to assist the Architectural
Committee in its review of proposals or plans and specifications submitted for its approval only if
it deems that the construction, alterations or additions contemplated thereby in the locations
indicated will not be detrimental to the habitat of the Common Areas, or appearance of the
surrounding area of the property as a whole, that the appearance of any structures affected thereby
will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof
will not become a burden on the Association.
10.3.1 Conditions of Approval The Architectural Committee may condition its
approval of proposals or plans and specifications upon such changes therein as it deems
appropriate, and/or upon the agreement of the Owner submitting the same ("Applicant") to
grant appropriate easements to an Association for the maintenance thereof, and/or upon the
agreement of the Applicant to reimburse an Association for the cost of maintenance, and
may require submission of additional plans and specifications or other information before
approving or disapproving material submitted.
10.3.2 Architectural Committee Rules and Fees The Architectural Committee also
may establish rules and/or guidelines setting forth procedures for and the required content
of the applications and plans submitted for approval. Such rules may require a standard fee
to accompany each application. The Architectural Committee, from time to time, shall
determine the amount of such fee in a reasonable manner. Such fees shall be used to defray
the cost and expenses of the Architectural Committee, including the cost and expense of
hiring a architect licensed by the State of Idaho, as provided above, or for such other
purposes as established by the Board.
Such rules and guidelines may establish, without limitation, specific rules and
regulations regarding design and style elements, landscaping and fences and other
structures such as animal enclosures as well as special architectural guidelines applicable to
Building Lots located adjacent to public and/or private open space.
10.3.3 Detailed Plans. The Architectural Committee may require such detail in plans
and specifications submitted for its review as it deems proper, including, without
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDMSION PAGE 21
limitation, floor plans, site plans, landscape plans, drainage plans, elevation drawings and
description or samples of exterior material and colors. Until receipt by the Architectural
Committee of any required plans and specifications, the Architectural Committee may
postpone review on any plan submitted for approval.
10.3.4 Architectural Committee Decision Decisions of the Architectural Committee
and the reasons therefor shall be transmitted by the Architectural Committee to the
Applicant at the address set forth in the application for approval within twenty (20) days
after filing all materials required by the Architectural Committee. Any materials submitted
pursuant to this Article shall be deem approved unless written disapproval by the
Architectural Committee shall have been mailed to the Applicant within twenty (20) days
after the date of filing said materials with the Architectural Committee.
10.4 Meeting of the Architectural Committee The Architectural Committee shall meet from
time to time as necessary to perform its duties hereunder. The Architectural Committee may from
time to time by resolution unanimously adopted in writing, designate an Architectural Committee
representative (who may, but need not be one of its members) to take any action or perform any
duties for and on behalf of the Architectural Committee, except the granting of variances pursuant
to paragraph 10.9. In the absence of such designation, the vote of the two (2) members of the
Architectural Committee taken without a meeting, shall constitute an act of the Architectural
Committee.
10.5 No Waiver of Future Annrovals The approval of the Architectural Committee of any
proposals or plans and specifications or drawings for any work done or proposed, or in
connection with any other matter requiring the approval and consent of the Architectural
Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent
as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or
additionally subrrutted for approval or consent.
10.6 Compensation of Members The members of the Architectural Committee shall
receive no compensation for services rendered, other than reimbursement for expenses incurred by
them in the performance of their duties hereunder and any fees received pursuant to 10.3.2 herein,
and except as otherwise agreed by the Board.
10.7 Inspection of Work. Inspection of work and correction of defects therein shall
proceed as follows:
10.7.1 Upon the completion of any work for which approved plans are required
under this Article, the Owner shall give written notice of completion to the Architectural
Committee.
10.7.2 Within sixty (60) days thereafter, the Architectural Committee or its duly
authorized representative may inspect such improvement. If the Architectural Committee
finds that such work was not done in substantial compliance with the approved plans, it
shall notify the Owner in writing of such non-compliance within such sixty (60) day
period, specifying the particulaznnn-compliance, and shall require the Owner to remedy the
same.
10.7.3 If upon the expiration of thirty (30) days from the date of such notification, or
any longer time the Architectural Committee determines to be reasonable, the Owner shall
have failed to remedy such non-compliance, the Architectural Committee shall notify the
Boazd in writing of such failure. Upon notice and hearing, as provided in the Bylaws, the
Boazd shall determine whether there is anon-compliance and, if so, the nature thereof and
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDIVISION PAGE 22
the estimated cost of correcting or removing the same. If anon-compliance exists, the
Owner shall remedy or remove the same within a period of not more than forty-five (45)
days from the date of the announcement of the Boazd ruling unless the Board specifies a
longer time as reasonable. If the Owner does not comply with the Board ruling within such
period, the Boazd, at its option, may either remove the non-compliance improvement and
remedy the non-compliance, and the Owner shall reimburse the Association, upon demand
for all expenses incurred in connection therewith. If such expenses aze not promptly repaid
by the Owner to the Association, the Board shall levy a Limited Assessment against such
Owner for reimbursement pursuant to this Declazation.
10.7.4 If for any reason the Architectural Committee fails to notify the Owner of any
non-compliance within sixty (60) days after receipt of the written notice of compliance from
the Owner, the work shall be deemed to be in accordance with the approved plans.
10.8 Non-Liability of Architectural Committee Members Neither the Architectural
Committee nor any member thereof, nor its duly authorized Architectural Committee
representative, shall be liable to any Association, or to any Owner or Grantee for any loss,
damage, or injury arising out of or in any way connected with the performance of the Architectural
Committee's duties hereunder, unless due to the willful misconduct or bad faith of the Architectural
Committee. The Architectural Committee shall review and approve or disapprove all plans
submitted to it for any proposed improvement, alteration or addition, solely on the basis of
aesthetic considerations and the overall benefit or detriment which would result to the immediate
vicinity and to the Property generally. The Architectural Committee shall take into consideration the
aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes,
exterior finishes and materials and similaz features, but shall not be responsible for reviewing, nor
shall its approval of any plan or design be deemed approval of any plan or design from the
standpoint of structural safety or conformance with building or other codes.
10.9 Variances. The Architectural Committee may authorize variances from compliance
with any of the architectural provisions of this Declaration or any Supplemental Declaration,
including restrictions upon height, size, floor area or placement of structures, or similar
restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or
environmental considerations may require. However no variances will be granted for construction
of structures or improvements, including without limitation manicured lawns, in the Common
Areas. Such variances must be evidenced in writing, must be signed by at least two (2) members
of the Architectural Committee, and shall become effective upon recordation in the office of the
County Recorder of Ada County. If such variances are granted, no violation of the covenants,
conditions or restrictions contained in this Declaration or any Supplemental Declaration shall be
deemed to have occurred with respect to the matter for which the variance was granted. The
granting of such a variance shall not operate to waive any of the terms and provisions of this
Declaration or any Supplemental Declazation for any purpose except as to the particular Building
Lot and particular provision hereof covered by the variance, nor shall it affect in any way the
Owner's obligation to comply with all governmental laws and regulations affecting such Owner's
use of the Building Lot, including but not limited to zoning ordnances or requirements imposed by
any governmental or municipal authority.
10.10 A eal. Any Owner may appeal in writing the decision of the Architectural
Committee. The appeal shall be filed with Association within ten (10) days after the decision. Said
appeal shall state the decision appealed from and reasons therefor. The appeal shall be heazd by the
Board within thirty (30) days. If no appeal is filed within the aforesaid ten (10) days, the decision
of the Architectural Committee shall be final.
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDIVISION PAGE 23
ARTICLE XI: EASEMENTS
11.1 Easements of Encroachment There shall be reciprocal appurtenant easements of
encroachment as between each Building Lot and such portion or portions of the Common Area
adjacent thereto or as between adjacent Building Lots due to the unwillful placement or settling or
shifting of the improvements including but not limited to structures, walkways, bike paths,
sidewalks and driveways constructed, reconstructed or altered thereon in accordance with the terms
of this Declaration. Easements of encroachment shall be valid only so long as they exist, and the
rights and obligations of Owners shall not be altered in any way because of encroachment, settling
or shifting of the improvements; provided, however, that in no event shall a valid easement for
encroachment occur due to the willful act or acts of an Owner. In the event a structure on any
Building Lot is partially or totally destroyed, and then repaired or rebuilt, the Owners of each
Building Lot agree that minor encroachment over adjoining Building Lots that existed prior to the
encroachment may be reconstructed pursuant to the easement granted by this paragraph.
11.2 Drainage and Utilitv Easements Grantor expressly reserves for the benefit of all the
Property reciprocal easements of access, ingress and egress for all Owners to and from their
respective Building Lots for installation and repair of utility services, for drainage of water over,
across and upon adjacent Building Lots, and Common Areas, resulting from the normal use of
adjoining Building Lots or Common Areas, and for necessary maintenance and repair of any
improvement including fencing, retaining walls, lighting facilities, mailboxes and sidewalk
abutments, trees and landscaping. Notwithstanding anything expressly or impliedly contained
herein to the contrary, this Declazation shall be subject to all easements heretofore or hereafter
granted by Grantor for the installation and maintenance of utilities and drainage facilities that are
required for the development of the Property. In addition, Grantor hereby reserves for the benefit
of the Association the right to grant additional easements and rights-of-way over the Property
and/or a Tract, as appropriate, to utility companies and public agencies as necessary or expedient
for the proper development of the Property until close of escrow for the sale of the last Building
Lot in the Property to a purchaser.
11.2.1 Improvement of Drainage and Utilitv Easement Areas The Owners of
Building Lots are hereby restricted and enjoined from constructing any improvements upon
any drainage or utility easement azeas as shown on the Plat of Kentfield Manor or
otherwise designated in any recorded document which would interfere with or prevent the
easement from being used for such purpose; provided, however that the Owner of such
Building Lots and the Grantor, the Association or designated entity with regard to the
landscaping easement described in this Article, shall be entitled to install and maintain
landscaping on such easement areas, and also shall be entitled to build and maintain fencing
on such easement areas subject to approval by the Architectural Committee, so long as the
same would not interfere with or prevent the easement areas from being used for their
intended purposes; provided, that any damage sustained to improvements on the easement
azeas as a result of legitimate use of the easement area shall be the sole and exclusive
obligation of the Owner of the Building Lot whose improvements were so damaged.
11.3 Rights and Duties Concerning Utilitv Easements The rights and duties of the
Owners of the Building Lots with the Property with respect to utilities shall be governed by the
following:
11.3.1 Wherever utility house connections are installed within the Property, which
connections or any portions thereof lie in or upon Building Lots owned by an Owner other
than the Owner of the Building Lot served by the connections, shall have the right, and is
hereby granted an easement to the full extent necessary therefor, to enter upon any Building
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDIVISION PAGE 24
Lot or to have their agent enter upon any Building Lot within the Property in or upon which
connections or any portion thereof lie, to repair, replace and generally maintain the
connections as and when it may be necessary.
11.4.2 Whenever utility house connections are installed within the Property, which
connections serve more than one Building Lot, the Owner of each Building Lot served by
the connections shall be entitled to full use and enjoyment of such portions of said
connections as service such Owner's Building Lot.
11.4 Driveway Easements Whenever a driveway is installed within the Property which in
whole or in part lies upon a Building Lot owned by an Owner other than the Owner of the Building
Lot served, or installed to serve more than one Building Lot, the Owner of each Building Lot
served or to be served by such driveway shall be entitled to full use and enjoyment of such other
Building Lot as required to service such Owner's Building Lot or to repair, replace or maintain
such driveway.
11.5 Disputes as to Sharing of Costs In the event of a dispute between Owners with
respect to the repair or rebuilding of utility connections or driveways, or with respect to the sharing
of the cost therefor, upon written request of one of such Owners addressed to the Association, the
matter shall be submitted to the Board which shall decide the dispute and, if appropriate, make an
appropriate Assessment against any or all of the Owners involved on behalf of the prevailing
Owner(s), which Assessment shall be collected and enforced in the manner provided by this
Declaration for Limited Assessments.
11.6 General Landscape Easement An easement is hereby reserved to the Association, its
contractors and agents, to enter those portions of Building Lots, for the purpose of installing,
maintaining, replacing and restoring exterior landscaping, and natural vegetation and habitat. Such
landscaping activity shall include, by way of illustration and not of limitation, the mowing of
lawns, irrigation, sprinkling, tree and shrub trimming and pruning, walkway improvement,
seasonal planting and such other landscaping activities within the Property as the Association shall
deternune to be necessary from time to time.
11.7 Maintenance and U e Easement Between Walls and Lot Lines Whenever the wall of
a structure, or a fence or retammg wall, is legitimately constructed on a Building Lot under plans
and specifications approved by the Architectural Committee, and is located within three (3) feet of
the Lot line of such Building Lot, the Owner of such Building Lot is hereby granted as easement
over and on the adjoining Building Lot (not to exceed 3 feet from the Building Lot line) for
purposes of maintaining and repairing such wall or fence and eaves or other overhangs, and the
Owner of such adjoining Building Lot is hereby granted as easement for landscaping purposes
over and on the area lying between the Lot line and such structure or fence so long a such use does
not cause damage to the structure or fence.
11.8 Sewer Covenants and Restrictions All Building Lots within Kentfield Manor shall be
subject to and restricted by the following covenants and restrictions:
11.8.1 A monthly sewer charge must be paid after connecting to the municipal public
sewer system, according to the ordinances and laws of the City of Meridian.
11.8.2 The Owner of the Building Lot shall submit to inspection by either the
Department of Public Works or the Building Department whenever a Building Lot is to be
connected to the City's sewage system and a building sewer line is constructed or installed
on or within Owner's Lot.
COVENANTS, CONDTITONS & RESTRICTIONS FAR KENTFIELD MANOR SUBDIVISION PAGE 25
11.8.3 Grantor shall and hereby does vest in the City of Meridian the right and power
to bring all actions against the Owner of the Property conveyed or any part thereof for the
collection of any charges herein required and to enforce the conditions herein stated. This
covenant shall run with the land.
ARTICLE XII:. MISCELLANEOUS
12.1 Term. The easements created hereunder shall be perpetual, subject only to
extinguishment by the holder of such easement as provided by law. The covenants, conditions,
restrictions and equitable servitudes of this Declaration shall run for a term of twenty (20) years
from the date this Declaration is recorded, unless amended as herein provided. Thereafter, such
covenants, conditions and restrictions shall be automatically extended for successive periods of ten
(10) years each, unless amended or extinguished by a wntten instrument executed by members
holding at least three-fourths (3/4) of the voting power of the Association and such written
instrument is recorded with the Ada County Recorder. Further provided that the Association shall
not be dissolved without the prior written approval of the City of Meridian, such consent not to be
unreasonably withheld provided that a responsible successor organization shall agree to perform
those maintenance responsibilities arising from applicable governmental requirements.
12.2 Amendment.
12.2.1 By Grantor. Except as provided in paragraph 12.3 below, until the
recordation of the first deed to a Building Lot in the Property, the provisions of this
Declaration may be amended, modified, clarified, supplemented, added to (collectively,
"amendment") or ternunated by Grantor by recordation of a written instrument setting forth
such amendment or termination. Any amendment affecting only a particular Tract may be
made by Grantor by an amendment to this Declaration at any time up to the recordation of
the first deed to a Building Lot in such Tract.
12.2.2 By Owners. Except where a greater percentage is required by express
provision in this Declaration, the provisions of this Declaration, other than this Article XII,
may be amended by an instrument in writing signed and acknowledged by the president
and secretary of the Association certifying and attesting that such amendment has been
approved by the vote or written consent of Owners representing more than fifty percent
(50%) of the votes in the Association, and such amendment shall be effective upon its
recordation with the Ada County Recorder. Any amendment to this Article XII shall require
the vote or written consent of Members holding ninety-five percent (95%) of the voting
power of the Association.
12.3 Mortgage Protection. Notwithstanding any other provision of this Declaration, no
amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary
under any first deed of trust upon a Building Lot made in good faith and for value, and recorded,
that after foreclosure of any such first deed of trust such Building Lot shall remain subject to this
Declaration, as amended.
12.4 Notices. Any notices permitted or required to be delivered as provided herein shall be
in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be
deemed to have been delivered seventy-two (72) hours after the same has been deposited in the
United States mail, postage prepaid, addressed to any person at the address given by such person
to the Association for the purpose of service of such notice, or to the residence of such person if no
address has been given to the Association. Such address may be changed from time to time by
notice in writing to the Master Association, as provided in this paragraph.
COVENANTS, CONDITIONS & RESTRICTIONS FOR KENTFIELD MANOR SUBDIVISION PAGE 26
12.5 Enforcement of Non-Waiver
12.5.1 Right of Enforcement Except as otherwise provided herein, any Owner of
any Building Lot shall have the right to enforce any or all of the provisions hereof against
any property within the Property, and Owners thereof.
12.5.2 Violations and Nui ances The failure of any Owner of a Building Lot to
comply with the provisions hereof, or with any provision of the Articles or Bylaws of the
Association, is hereby declared a nuisance and will give rise to a cause of action in the
Grantor, the Association or any Owner of a Building Lot(s) within the Property for
recovery of damages or for negative or affirmative injunctive relief or both. However, any
other provision to the contrary notwithstanding, only Grantor, the Association, the Board,
or a duly authorized agent of any of them, may enforce by self-help any of the provisions
hereof only if such self-help is preceded by reasonable notice to the Owner.
12.5.3 Violation of Law. Any violation of any state, municipal or local law,
ordinance or regulation pertaining to the ownership, occupation or use of any property
within the Property is hereby declared to be a violation of this Declaration and subject to
any or all of the enforcement procedures set forth in this Declaration and any or all
enforcement procedures in law and equity.
12.5.4 Remedies Cumulative. Each remedy provided herein is cumulative and not
exclusive.
12.5.5 Non-Waiver. The failure to enforce any of the provisions herein at any time
shall not constitute a waiver of the right to enforce any such provision.
12.6 Interpretation. The provisions of this Declaration shall be liberally construed to
effectuate its purpose of creating a uniform plan for the development and operation of the Property.
This Declaration shall be construed and governed under the laws of the State of Idaho.
12.6.1 Restrictions Construed Tog ther All of the provisions hereof shall be liberally
construed together to promote and effectuate the fundamental concepts of the development
of the Property as set forth in the recitals of this Declaration.
12.6.2 Restrictions Severable. Notwithstanding the provisions of the foregoing
paragraph, each of the provisions of this Declaration shall be deemed independent and
severable, and the invalidity or partial invalidity of any provision or portion thereof shall
not effect the validity or enforceability of any other provision herein.
12.6.3 Singular Includes Plural Unless the context requires a contrary construction,
the singular shall include the plural and the plural the singular; and the masculine, feminine
or neuter shall each include the masculine, feminine and neuter.
12.6.4 a tion .All captions and titles used in this Declaration are intended solely
for convenience of reference and shall not affect that which is set forth in any of the
provisions hereof.
12.7 Successors and Assigns All references herein to Grantor, Owners, Association or
person shall be construed to include all successors, assigns, partners and authorized agents of such
Grantor, Owners, Association or person.
COVENANTS, CONDTI'IONS & RESTRICTIONS I~R KENTFIELD MANOR SUBDIVISION PAGE 27
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of
1994.
MERIT HOMES , AN IDAHO CORPORATION
BY:
STATE OF IDAHO )
:ss
County of Ada )
On this _ day of , 1994, personally appeared DON COFFEY, known or identified
to me to be the President of Merit Homes, the Corporation that executed the foregoing Instrument,
and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at Boise, Idaho
My Commission Expires:
COVENANTS, CONDITIONS & RESTRICTIONS POR KENTFIELD MANOR SUBDMSION PAGE 28
~ ~t/~. 33
~~
9/~/9~ ~
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
1994, by and between the CITY OF MERIDIAN, a municipal corporation
of the State of Idaho, party of the first part, hereinafter called the "CITY", and Merit Homes,
Inc., party of the second part, hereinafter called the "DEVELOPER", whose address is 10451
Garverdale Court, Suite 205, Boise Idaho 83704
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto
and by this reference incorporated herein as if set forth in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreements
with developers upon rezoning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when land
is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned,
11-2-417 D; and
WHEREAS, the DEVELOPER has submitted an application for annexation and zoning,
or an application for rezone, of that certain property described in Exhibit "A", and requested
zoning of RR=4 and has submitted a subdivision preliminary plat for said property which has been
recommended for approval by the Meridian Planning and Zoning Commission; and
WHEREAS, the DEVELOPER made some representations at the public hearing before
the Meridian Planning and Zoning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation
or rezoning of property; and
WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this
agreement and acknowledges that this agreement was entered into voluntarily and at its urging
and request; and
WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY
to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat
thereof which has been approved for annexation by the CITY and as part of the annexation or
rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and,
WHEREAS, the Findings of Fact and Conclusions of Law required that the
DEVELOPER enter into a Development Agreement; and
KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT Page 1
WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law
annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into
a Development Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to
this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area,
as follows;
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
2. That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A", only construct single-family houses and that
all such single-family houses shall have at least 1400 square feet of floor space,
exclusive of garages.
3. That the property zoned RR=4, described in "Exhibit A", shall have lot sizes of at
least eighx thousand (8 0~0) square feet, which is the size represented at the City
hearings, and shall meet all of the requirements of the RR=4 zone and have no
duplex units, townhouses, or patio homes constructed on said property.
4. That there shall be no change to increase the number of lots or reduce the size of
lots as shown in the preliminary plat submitted with the request for annexation,
zoning and preliminary plat approval, which is incorporated herein as if set forth
in full herein.
5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be
filed with the City Engineer, a complete set of "Subdivision Improvement Plans"
showing all streets, utilities, sewer, water, drainage, street and other similar
signing and barricades, and other such improvements contemplated within the
subdivision, which Plans and all improvements shown thereon shall meet the
approval of the City Engineer. Said Subdivision Improvement Plans are
incorporated herein and made a part hereof by reference.
6. That DEVELOPER will, at his or their own expense, construct and install all
sanitary sewers, storm drains, water mains and appurtenances, fire hydrants, curbs
and gutters, electrical transmission lines, natural gas lines, telephone lines,
sidewalks, cross drains, street, street surfacing, street signs, and bamcades as well
as any and all other improvements shown on the Subdivision Improvement Plans.
DEVELOPER shall also install telephone, electrical power, gas lines, and
television as required for the development.
7. That DEVELOPER will construct and install all such improvements in strict
accordance with the filed and approved plat and Subdivision Improvement Plans,
KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT Page 2
n /"~;
and the City Standard Engineering Drawings and Standard Engineering
Specifications current and in effect at the time the construction of said
improvements is accomplished, or as otherwise agreed between the DEVELOPER
and the CITY if the standards and specifications are more restrictive and onerous
at the time of construction than at the time of execution of this Agreement.
8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what portion, or portions, of said
improvements he intends to complete and the time schedule therefor; and agrees
to make such modifications and/or construct any temporary facilities necessitated
by such phased construction work as shall be required and approved by the City
Engineer.
9. That DEVELOPER will have "corrected" original drawings of the Subdivision
Improvement Plans of all said improvements prepared by a Registered
Professional Engineer and will provide the CITY with said Plans or a duplicate
mylar copy of said Plans. The Subdivision Improvement Plans of the proposed
improvements shall be "corrected" to show the actual constructed location (both
horizontally and vertically) of the various water and sewer lines, all utility lines
and their individual building service lines, the curb and gutter alignment and
grades, etc. The "corrected" Subdivision Improvement Plans shall include a
"Certification" thereon, signed by the Registered Professional Engineer in charge
of the work, that said Plans of the various improvements are true and correct and
that he (the Registered Professional Engineer) has inspected the construction of
the various improvements (water lines, sanitary sewer lines, gas lines, electricity
lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials
for and the installation of the same were all done in conformance with the
applicable City Standard Engineering Drawings and Standard Engineering
Specifications governing the construction of these facilities.
10. That DEVELOPER will, immediately upon the completion of any such
constructed portion, portions, or the entirety of said development, notify the City
Engineer and request his inspection and written acceptance of such completed
improvements..
11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered
in the official minutes of the proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need to be completed in the interest
of the health, welfare and/or safety of the inhabitants of the CITY, the
DEVELOPER will thereupon, within a reasonable time, construct said needed
improvements, or, if he does not so construct within a reasonable time after
written notification of such Council action, and the CITY thereafter determines
to construct, and does construct such improvement, or improvements, the
DEVELOPER will pay to the CITY the cost of such construction, in such manner
and under such terms as the CITY shall order after conference with the
DEVELOPER. Provided, however, the City Council shall not make the finding
KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT Page 3
~ ~
set forth in this paragraph except at a regular or special meeting of the City
Council and unless the DEVELOPER has been notified in writing of the time and
place of such meeting at least three (3) days prior thereto and has been given an
opportunity to be present in person or by counsel, and to be heard on the merits
of the proposed finding.
12. That DEVELOPER agrees that upon his, its, or their having received written
notification from the City Engineer, that any of the requirements herein specified
have not been complied with, that the CITY shall have the right to withhold the
issuance of any Certificates of OccupancX within such annexed area and/or shall
have the right to withhold the providing of culinary water service to any part,
parcel, or portion of such annexed area until such time as all requirements
specified herein have been complied with; provided, however, the DEVELOPER
shall have the right to appear before the City Council at any regular meeting after
any Certificate of Occupancy or any water service shall have been withheld for
reasons set forth in this paragraph, and shall have the right to be heard as to why
such Certificate of Occupancy should be issued or water service allowed. The
Council shall then decide whether said Certificate of Occupancy shall be issued
or water service to said property allowed, and its decision shall be final, except
that the rights of the parties are preserved at law and equity.
13. DEVELOPER agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, install the
improvements and declare the entire cost of said improvements to be immediately
due and payable and may seek to collect such sums in the manner provided by
law, or may pursue any other remedy set forth herein or as may be available in
law or equity. In the event of such declaration, all sums due shall bear interest
at the prime interest rate of First Security Bank of Idaho, plus five percent (5%)
per annum, until paid.
14. That DEVELOPER agrees to, and does hereby, grant a security interest in the
land which is the subject of this Agreement, to secure the installation of all
improvements including, but not limited to, sewer, water, irrigation and drainage
piping, landscaping and berming, and fencing. In the event of DEVELOPER'S
failure to complete such installation, the CITY may install such improvements
and, without notice, foreclose this Agreement as a mortgage in accordance with
the mortgage foreclosure laws of the State of Idaho; provided further that upon
request of the DEVELOPER, the CITY will execute and deliver a partial release
of the lien created herein against all or any portion of the subject land, upon
completion of that portion of the total improvements installed which relates to the
percentage of improvements that have been installed as compared to the total
amount of improvements.
The CITY further agrees that, upon request of DEVELOPER, the CITY will, by
written agreement, subordinate the lien created hereby, to any mortgage, deed of
trust, or other security device required to secure the payment of any loan or
KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT Page 4
advance made to DEVELOPER for the sole purpose of financing the construction
of improvements upon the land which is the subject of this Agreement; provided,
however, that the financing entity shall first warrant and represent in writing that
it understands that the contemplated loan or advances will be used solely for the
construction of improvements upon the land and that it will take reasonable
precautions usual and customary to the financing and lending industry to ensure
that the loan proceeds or advances will not be used for any other purpose.
The CITY may also require surety bonds, irrevocable letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian, to insure the
installation of the improvements, and the DEVELOPER agrees to provide such,
if required by the CITY.
15. That DEVELOPER agrees that those portions of the water main or the sanitary
sewer line, for which the CITY has expressly agreed to enter into a late comers
a ment, if any, for including any water or sewer line extensions, increased line
size o apacity, are required because of future service needs originating from
properties of owned by DEVELOPER and located within the vicinity of the
subject deve ment; that sound planning requires construction thereof at the
present time in der to accommodate future expansion and development. n
recognition of the c t savings which can be accomplished by constructio such
excess capacity and/ improvements concurrently with the fac' ' es to be
constructed for DEVELO R's purposes, and the impracticali r impossibility
of constructing such excess c acity and/or improvements arately or at a later
time, DEVELOPER agrees to ign and constructs facilities subject to the
CITY's agreement to enter into a late co rs agreement to reimburse
DEVELOPER for a portion of the cos f s excess capacity. DEVELOPER
agrees to obtain three independent bon a bids for the performance of such
work from qualified and responsibl ontract and shall deliver copies of such
bids to the CITY prior to the mencement o ch work. Such bids shall be
solicited and itemized in anner which allows cle and specific identification
of that portion of th nstruction work for which the Y may possibly agree
to enter into a 1 comers agreement. The CITY's obligatio to enter into a late
comers agr ent to help DEVELOPER to pay for such costs s be limited to
the lowest f such bids irrespective of whether the lowest bidder is in ct selected
by DEVELOPER to perform the work.
16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until
all improvements are completed, unless the CITY and the DEVELOPER have
entered into an addendum agreement stating when the improvements will be
completed in a phased development; in any event, no Certificates of OCCUDanCV
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT Page 5
17. That DEVELOPER agrees, in recognition of the unique and peculiar
circumstances relative to this development, to the special conditions set forth in
Exhibit "B" attached hereto and by this reference made a part hereof; and agrees
to construct a perimeter fence around the entire parcel prior to any construction,
except where roadways and streets for access are located and except where the
CITY has agreed that such fencing is not necessary.
18. That DEVELOPER agrees that any notice required by this Agreement shall be
given at the following address:
CITY of Meridian: DEVELOPER:
City Engineer Merit Homes
City of Meridian 10457 W. Garverdale~ Suite 205
33 East Idaho Boise. ID 83704
Meridian, ID 83642
19. That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
20. All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER'S heirs, successors or assigns.
21. This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian
and the property shall be subject to de-annexation if the owner or his assigns,
heirs, or successors shall not meet the conditions contained in the Findings of Fact
and Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian.
KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT Page 6
!~
DATED the date, month and year first appearing.
DEVELOPER:
MERIT HOMES Inc
Rv
-r
L. D. Coffey, President
By
Ken Coffey, Secretary
CITY OF MERIDIAN
Rv
Grant P. Kingsford, Mayor
Rv
William G. Berg, Jr., City Clerk
KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT Page 7
STATE OF IDAHO )
County of Ada
ss.
/'\
On this day of , 1994, before me, the undersigned, a Notary Public
in and for said State, personally appeared L. D. Coffev and Ken CoffeX, known, or proved to
me, to be the President and Secretary of said corporation that executed this instrument and the
persons who executed the said instrument on behalf of said corporation, and acknowledged to
me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at:
(SEAL) My Commission Expires:
STATE OF IDAHO )
County of Ada
ss.
On this day of , 1994, before me, the undersigned, a Notary Public
in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that
executed this instrument and the persons who executed the said instrument on behalf of said
corporation, and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at:
(SEAL) My Commission Expires:
KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT Page 8
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
MERIT HOMES, Inc.
This subdivision is for ~ single-family dwelling units with an overall density of ~ dwelling
units per acre. The DEVELOPER shall:
1. Fence the Nine Mile Stub Drain with non-combustible fencing, outside of the Nampa-
Meridian Irrigation District easement, along the eastern boundary of this property.
2. Extend and construct water and sewer line extensions to serve the property and connect
to Meridian water and sewer lines.
3. Construct streets to and within the property.
4. Dedicate the necessary land from the centerlines of Ten Mile road and the new Chateau
Drive to provide for public right-of--way. This width shall be adequate to accommodate
future projected roadway widths which include a bicycle lane.
5. Pay a fire station development fee, as negotiated with the City, from monies recouped
from Ada County Highway District for the building of Chateau Drive, a collector street.
The amount given to the City will be $265 per lot or the entire amount received from
ACHD, whichever is less, and is payable in full (58 lots @ $265/lot = $15,370) upon
the DEVELOPER receiving and/or being credited for those monies. In the event impact
fees enacted by the CITY are greater than $265 for fire station fees, the DEVELOPER
will pay the difference at the time of obtaining a building permit. If impact fees enacted
by the CITY are less than $265, the DEVELOPER will be credited the difference.
6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the CITY.
7. Provide atwenty-foot (20') landscaped berm along Ten Mile Road to be maintained by
the Homeowners Association. This landscaped berm shall be beyond the easement
needed for public right-of--way and be served by an underground sprinkler system to
ensure healthy, vigorous plantings.
EXHIBIT "B"
KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1
``,\~ ENAiNF~ J1
/"\
RUBBLE E..~GINEERING, INC.
• ' 9550 W. Bethel Court • Boise, Idaho 83709 (208) 322-8992 • Fax (208) 378-0329
h
1,`O 1O~
S~K~~
TRANSMITTAL LETTER DATE D ~ 2._~(~ ~(
.~:f ' ,~,~c,
Job No.: ~ 3 ~b~
`Project:
1 ~ G~,t~ (~t~t.61t.
WE ARE SENDING YOU:
~As Requested _ Attached
_ Under Separate Cover, Via R~~~1~/ED
FOR YOUR:
_ Use
Information - -
Record _
Review and Comment CITY
OF MERID(gN
Bidding _ Cost Estimating
THE FOLLOWING:
Prints
Specifications
_ Plans _
_ Shop Drawings _
Samples _ Copy of Letter
Copies Date Sheet No. Description
REMARKS:
~;~,o,Q ~ t~
N ICI I ~ .~ ~~ ~
~-
Copy To: _ With Encl.
_ With Encl.
_ With Encl.
By: ~~~
Signed:
TOTAL MILES: TOTAL TIME: TIME DELIVERED: RECEIVED BY:
/'\
"' ~`~ RUBBLE ENGINEERING, INC.
~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 208/378-0329
920 SURVEyOQ,
August 25, 1994
Ms. Sherri Stiles
Director of Planning
City of Meridian
33 East Idaho Street
Meridian, Idaho 83642
RE: Variance Application for Kentfield Manor
Dear Sherri,
On behalf of our client we are submitting the attached variance application for your
consideration.
The Meridian City Ordinance states that "any canal, ditch or lateral, exclusive of natural
waterway, intersecting, crossing or laying adjacent and contiguous to, or which canals, ditches,
or laterals touch either or both sides of the area being subdivided shall be covered, and enclosed
with tiling or other covering equivalent in ability to detour access to said ditch lateral or canal" .
Our client is proposing to construct a six (6) foot high chain link fence, with no gates provided
for access to the public, as an alternate cover equivalent to the ordinance. The fence shall be
constructed along the entire length of the Davis Drain Stub that is to the east of the boundaries
of the proposed Kentfield Manor Subdivision. By proposing this alternative to the tiling of the
Davis Drain Stub our client will still be able to effectively detour access to the drain ditch and
a substantially lower cost.
After reviewing the attached information, please do not hesitate to call me if you should have
any questions or concerns. We are looking forward to working with you on this matter.
Sincerely,
~~
Rick Cummings
Project Manager
. ~•.~ ~
;,
..-
APPLICATION AND STANDARDS POR VARIANCES
A variance from the terms of this Ordinance shall not be granted by
the Council unless and until a written application for a variance is ,
submitted to the Administrator and the Council containing, where
applicable. (Application available from Administrator.):
i
~1. Address of subject property;
/ 2. Name, address and phone number of applicant;
/ 3. Name, address and phone number of owners of subject property;
4. Proof of ownership or valid option on the property or a contract
interest therein with consent of the titled owner;
/ S. Legal description of subject property;
/ 6. Present use of subject property;
.~ 7. What is intended to be done on or with the property;
8. The district that pertains to the subject property; ~LhA~-~
/ 9. Vicinity map at a scale approved by the Council showin property
lines, existing streets, proposed district and such other items
as ~aay be required;
0 10. Schematic building plans which indicate typical elevation and
floor plan of any proposed construction;
/ 11. A list of the mailing addresses of all property owners (from
authentic tax records of Ada County) within three hundred (300)
feet of the external boundaries of the land being considered
and a listing of the mailing addresses of all property owners
within the area of the land being considered;
/ 12. Characteristics of subject property which prevent compliance
with the requirements of this Ordinance;
/ 13. Minimum requirements of this Ordinance that need to be reduced
to permit proposed use;
~ 14. Difficulty or hardship which would result if requirements of
this Ordinance were applied to subject property;
~ 15. Unusual or peculiar circumstances which indicate that regulations
of this Ordinance should not be strictly complied with;
/ 16. Statement that special conditions and circumstances exist which ,
are peculiar to the land, structure or buildings involved and
which are not applicable to other lands, structures or buildings
in the same district;
r /'~ ~~
(2)
X17. Statement that a literal interpretation of the provisions
of this Ordinance shall deprive the applicant of rights
commonly enjoyed by other properties in the same district
under terms of this Ordinance;
./18. Statement that special conditions or circumstances exist
that were not a result of the applicant's action;
/ 19. Statement that granting the variance requested shall not
confer on the applicant any special privilege that is
denied by this Ordinance to other lands, structures or
buildings in the same district;
0 20. Relationship of the proposed variance to the Meridian Com-
prehensive Plan;
. 21. A fee established by the Council;
.22. A statement from the titled owner that he grants a lien
to the City to secure the payment of all costs of the City
incurred in processing the variance application including
engineering, publication, and attorneys costs and fees.
23. The property will be posted 1 week before hearing stating
they have applied for a Conditional Use Permit or Zoning.
There must be a signed affidavit that this has been done.
as part of the application.
- ~
o
y ~ .
~, -CITY -OF -MERIDIAN
728 Meridian St. Meridian, ID 83642
(RE: Meridian Zoning Ordinance
NAME:
PHON E ~~l~~J-Q-~
Owner or hol'de'r of -valio options ~v U
ADDRESS: ID~(S~ W ~~~ `~'~~--~ ~ ~?~~
GENERAL LOCATION:
LEGAL DESCRIPTION OF PROPERTY:_~T`ac~ c~
`. . n I- n Il nnn
PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option
agreement must be attached.
PRESENT ZONE CLASSIFICATIONL
~/ VICINITY SKETCH: A vicinity map at a scale approved by the Mayor showing
property lines, streets existing and proposed zoning and such other items
as the Mayor may require.
SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses
within contiguous to, directly across the street from, and within a 300'
radius of the parcel (s) proposed for a Variance must be attached.
(This information is available from the C,onunty Asse~slsor.)
DESCRIPTION OF PROPOSED VARIANCE : ~ - ~1 G~~.t~n ~l h.i A ~ 11 ~
VARIANCE APPLICATION
CITY COUNCIL RECORDS
Received By
K~
Date Received City Council Hearing Date
REQUIREMENTS: VARIANCE
Attach a site plan showing all details of the proposed
development, Complete the following questions and return
with the application.
1. What is intended to be done on or with the property?
~. 58 ~ .co .~;--ems ~c~'-e~a~~ c~v~,,~~'
2. What special conditions and circumstances exist which
are peculiar to the land, structure, or building involved and
which are not a licable t other 1 ds. str,}~c u es, r bu'ldin s
in the same district? ~, C~~~ ~'%~~~ ~~OtM-t4 ~f10c~~
~, ~CMZ1
G'.w~oQR...o~.oP ~ ~'` ~°.
3. Why will a literal interpretation of the provisions of
this ordinance deprive you of rights commonly enjoyed by other
pr~roperti es i n the same district under oth_e terms of this ordi nancep?A
~ ~e~~
4. What special conditions or circumstances exist that were
not an rppesul t of your actions? p o _ ,,
J~, V" _
5. Why will the granting of this Variance not .confer on you
any special privilege that is denied by this Ordinance to other
lands, structures, or building in the same district?
~yI'J ..~~~, ,c~..~. `rYl~e~.<,oQ,c,ew~ „Pvtie~o....ouv~.
.ate.. °~
,,..~, ,c,~.,a~. ,ora .C~n,a,~,~.,, .a~.~,~,~,a . 7~
~ ~
.~.~~,. , ~1.,Q,u.~...ow~. ~
VARIANCE APPLICATION
KENTFIELD MANOR
1. W. 1/2, W. 1/2, Section 2, T.3N., R.1W., Meridian, Ada County.
2. Merit Homes, 10451 W. Garverdale, Boise, Idaho 83704
3. Merit Homes, 10451 W. Garverdale, Boise, Idaho 83704
4. Attached.
5. Attached.
6. The present land is in approved Kentfield Manor Subdivision.
7. This property consists of 18.07 acres and is to be a 58 unit subdivision.
8. Nampa-Meridian Irrigation District.
9. Attached.
10. N/A
11. Attached.
12. N/A
13. This ordinance requires the tiling of irrigation ditches, laterals, or canals. All irrigation
ditches, lateral or canals, exclusive of natural waterways, intersecting, crossing or laying
adjacent and contiguous or which canals, ditches or laterals tough either or both sides of
the area being subdivided, shall be covered, and enclosed with tiling, or other coverins
equivalent in ability to detour access to said ditch, lateral or canal.
14. The Davis Drain Stub runs along the Easterly edge of Kentfield Manor. The dimensions
of the water flow in the lateral are 6 feet wide at the surface, 18" deep as an average and
25 feet wide at the top and 12 feet deep 550 feet long. Due to the size of this ditch, the
considerable cost would be well beyond what is considered standard or reasonable
development cost.
15/16 The Davis Drain Stub is on the far eastern side of the affected property, the
proposed development does not cross over to opposite side of the canal. The detouring
of access is easily achieved by the installation of a fence along the full length of the
property. There are other subdivisions in the area: Parkside Creek 1 & 2, The
n ~
Vineyards, Packwood, that because their boundaries do not encompass the Davis Drain
Stub, have incurred overall development costs much lower than that of Kentfield Manor
Subdivision will, if strict code enforcement is required. There may be instances where
a development may have properties on both sides of the canal, and in order to effectively
restrict access to the canal it may be necessary to the the canal. We believe the
circumstances involving Kentfield Manor, the canal isolated to only one side, make
fencing for the purpose of restricting access a much more viable solution.
17. Surrounding residential subdivisions have in the past fenced other large water ways like
the Davis Drian Stub, as our clients are proposing to do. Cherry Lane Village, One
Subdivision, Sunny Brook, etc..
18. The Davis Drain Stub was constructed in 1908, the current land owner was not available
to provide comment as to the location of the canal.
19. Same as 17.
20. The Meridian Comprehensive Plan provides for the health, welfare and safety of the
residence of Meridian City, we do not believe that the granting of this variance
will detract in anyway from the purpose or meaning of the Comprehensive Plan.
21. A fee has not been established by the Council at this time.
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i"GINFF NGINEERING, INC.
9s HugB1.E E
' ti 9550 Bethel Court • Boise, Idaho 83709
Project No. 93047
~ y, joys
Fax 2081378-0329
2081322-8992
September 7, 1993
DESCRIPTION OI"r
A SUBDIVISION,
KENTFIELD MANOR, INC.,
FOR REGENCY HOMES,
SECTION 2,
LOCATED IN THE W1/2 WB/M•'
T.3N., R•~W•~ IDAHO
MERIDIAN, ADA COUNTY, W 1/4 of the NW
and the S articularly
A arcel of land located in the NW ridian,tAda County, Idaho, more p
p B.M., Me
1 /4 of Section 2, T.3N., R.1 W.,
described as follows:
at the brass cap marking the one-quarter corner common to
COMMENCING
T.3N., R.1W., B.M., form which the Southwesncohe REAL POINT OF
Sections 2 and 3,
2 bears South 00°19'07" West, 2642.98 feet, also said point e g
BEGINNING (INITIAL POINT);
thence along the following courses and distances to iron pins:
North 00°24'20" East along the section line, which Northwest co ner lof the South
Ten Mile Road, 42.7 ~fNW1/4 of~he SW1/4sof Sectonh2;
23.5 acres of the sa
thence South 89°05'34" East along a11i 25p10 feet toota po nt on ~he East boundary
South 23.5 acres of NW1/4 of the SW1/4, 3
of the said SW1/4 of the NW1/4 of Section 2;
thence South 00°19'59" West along said East boundary of the SW1/4 of the NW1/4
of Section 2, 40.09 feet to the C-W 1116 corner of the said Section 2;
thence South 00°17'15" West along the East boundary of the said NW1/4 of the
SW1/4 of Section 2, 553.95 feet to the Northeast corner of said South 23.5 acres of the
NWi/4 of the SW1/4 of Section 2;
thence North 89°05'34" West, 1325.46 feet to the Northwest corner of said South
23.5 acres of the NW1/4 of the SW1/4 of Section 2;
Kentfield Manor D~ A
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I(1C11AItU 1~.: lIUItUI.CIC'r-nd I,l.-In 1~, Iglfa)1(:I(, husbcuxl a:ul wLfa (fC[(aWtD F; ,' `'~'
l;UIZUl4'iC 1>;witil; lxttyt rinp,lc~ whtht hc~ ncxlutred t:hc Itrul,<~rty hereafter ~}~
N't'gltt destcrl.ht~d untl isrvltq; nulr~rrp.,vnl.ly t,ru•ri.c:J 1!)ilt M. I;UItUi(X, :utd nvvez ~~':
ltuv/ttl; lx:a~t nt;trri.ed to roty ocher l~e~t~aun t,istce ucyul.ricu; uny interest ~'~~'.
ltt sail prop~ezty), ,r
MTL'Et P19LSONALI2Y'lIC1h1lS, INC., nn l~r,ha curix.,rution, 1!
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CRANTI:RtS Abl)Rl;titit I'uurl. Itnul'u, lirtltlu, Idnhu II;IGIG,
UgIICRlP1'lUN Ali k1;AL 1'NUl'i:lt'1'1' I:ONVl:YI:U IIY '1'11'1!{ ut;ISUt
51Wotod in tltu Gnunty of ~_(~in ~` , Scnto of ldnhot
A. portion of tho NW 1%4 SlJ 1/4 nntl the SW 1/4 NA' 1/4
aL Soction 2, '1', '3 N, , It, 1 W, , l1,M.., Ac!u Country,
Idaho, further dascr.ibod as folauwH;
llaginttinl; at tho NW nozner of Lhu Jlouth 23-1/2 octet
of tlto NW 1/4 of tha SW 1/G of ;iuction 2, i,n
Township 3 North of Rartga 1 What of eha Iloiua Muridian;
-thence
liaat to the bast lino of said.NW I/4 of the SW 1/4
-of said 6action 2; thence.:~;
Not:th 36 rode; thence
.West to '.the West line of saidtS~ection 2, thence
South 36 rods to ahe place ofjib~ei;inning.
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FOR .VAl.il1; kt:l:I:1V1:U, tho nbuvr-tiurard l:runtor door Itoraby Rrant,
bnrgain,'•aoll, aad convoy unto the r,bc,vo-nnnred Grnntoo, eho tool property
above doacribod; TO.IIAVI: ANU 'f0.11ot,U the told pcuminos, with their
appurtonancaer, unto the raid Crantoo, and L'rnntao'a holm and aariRnr
forever. .
'And the raid Grantor doer heroby,:cuvonnnt to and with the raid
Grantor 'that tlrnntar i.r tiro, awnur in fen nin,plu of unid prontlroa, and
tbnt they are free from rill innuxtbrnnavn .nxrupc r.tirrunt yonr'r taxer,
tovior, and aaroaatnonta, and vtlnn oxropt raeurvntloun, rortrictionr, and
•oaromonta oI .record and onuomontr v/uU,lu upon tiro prumir~u, and that
Grantor will 'WARRANT and f)I:NL'NU tba enure fruta nl]. lawful claimr witatroovar.
Tho use of rho singular tormr "Greeter" and "Crnntaa" huroin shall bo
eanrtruod to include rho plural ua the context al-all require under thr
circuwatancor.
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PROPERTY OWNERS WITHIN 300' OF
KENTFIELD MANOR
Joan Priest
19833 Middleton Road
Caldwell, ID 83605
E. E. Brinegar
1639 Conant Avenue
Burley, ID 83318
Travis Mills
2800 N. Ten Mile Road
Meridian, ID 83642
Fieldstone Development
1277 E. 17th
Idaho Falls, ID 83404
Gary Hanners
2630 N. Ten Mile Road
Meridian, ID 83642
W. E. Teter Trustees
Revocable Living Trust
2201 Allumbaugh
Boise, ID 83704
Paul White
P.O. Box 2212
Boise, ID 83701
Richard Hatch
2055 N. Ten Mile Road
Meridian, ID 83642
City of Meridian
City Hall
33 E. Idaho Street
Meridian, ID 83642
n
rpt.
~?a~sr~ra & ~?~+~ctdtaoc ~Ifintgauo~ Drafiitct
1503 FIRST STREET SC>UTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
Phones: Areo Code 208
Meridian Planning
33 East Idaho
OFFICE: Nompa 466-7861
Boise 343-1884
SHOP: Nompo 466-0663
& Zoning Commission Boise 345-2431
Meridian, Idaho 83642
Re: Annexation and Zoning with Preliminary Plat
;Personality>Homes
commissioners:
Nampa & Meridian Irrigation District's Davis Stub Drain courses
along the east boundary of this project. The right-of-way of the
Davis Stub Drain is 60 feet: 30 feet from the center each way.
Nampa & Meridian Irrigation District's Rutledge Lateral courses
along the west and south boundaries of the project. The right-of-
way of the Rutledge Lateral is 40 feet: 15 feet to the right and
25 feet to the left of center facing downstream.
See Idaho Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE
POSSESSION. The developer must contact John Anderson or Bill
Henson at Nampa & Meridian Irrigation District, 466-0663 or 345-
2431, for approval before any encroachment or change of right-of-
way occurs.
All laterals and waste ways must be protected. Municipal surface
drainage must be retained on site. If any surface drainage leaves
the site, Nampa & Meridian Irrigation District must review drainage
plans. The developer must comply with Idaho Code 31-3805. It is
recommended that irrigation water be made available to all
developments within Nampa & Meridian Irrigation District.
~~~ ~%y~~
Bill enson
Foreman
pc: District Water Superintendent
File - office
File - shop
!f you have not 29rse~'v ~?r_ns so, ~
p1A8S9 F~BYB ~2ti/3iO~Cf ~ll~` ~.i:+'.^l' ::~1
1A!it~~ tl~ri5 T3i~fiCt iii 2000rr{wr^,'• :k+i;;'T
ii~s r!: ,ciution yoti ha«e re~ni+rs+:,
t::.th~r c:o{~~ is ~N r.aci.
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PRO1ECi RIGHTS - 40,000
9 June 1993
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LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this day of
1994, by and between NAMPA & MERIDIAN IRRIGATION
DISTRICT, an irrigation district organized and existing under and by
virtue of the laws of the State of Idaho, party of the first part,
hereinafter referred to as the "District", and
MERIT HOMES, INC., a~corporation,
10451 West Garverdale, Boise, Idaho 83704
party or parties of the second part, hereinafter referred to as the
"Licensee", r
W I T N E S S E T H•
WHEREAS, the Licensee is the owner of the real property
(burdened with the easement of the District hereinafter mentioned)
particularly described in the "Legal Description" attached hereto as
Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District is the owner of the irrigation ditch
or canal known as NINEMILE DRAIN (hereinafter sometimes referred,to as
"ditch or canal") together with the easement therefor, including. the
easement to convey irrigation water in si}ch ditch or canal and-"the
easement to operate, maintain and repair' such ditch or canal, and
includes an easement of ingress and egress for those purposes, and
which ditch or canal is an integral part of the irrigation works and
system of the District and which ditch or canal and the said easements
therefor cross and intersect said described real property of the
Licensee as shown on Exhibit ,B attached hereto and by this reference.
made a part hereof; and,
WHEREAS, the Licensee desires a license to engage in
construction or activity affecting said ditch or canal or the
District's right of way along said ditch or canal in its course
across the lands of the Licensee in the manner hereinafter appearing
and under the terms and conditions hereinafter set forth;
NOW,`THEREFORE, for `.and in consideration of the premises and
of the covenants, agreements and conditions hereinafter set forth, the
parties agree each with the other as follows:
1. The Licensee shall have the right to alter, modify or
change the location of said ditch or canal or encroach upon the
District's easement along said ditch' or canal in the manner generally:
described in the "Purpose of License" attached hereto as Exhibit C and
LICENSE AGREEMENT - Page 1
by this reference made a part hereof.
Any alteration, modification or change in location of said
ditch or canal by the Licensee or encroachment upon the District's
easement along said ditch or canal shall be performed in accordance
with the "Special Conditions" stated in Exhibit D, attached hereto and
by this reference made a part hereof.
2. Any facilities ("facilities" as used in this agreement
means any kind of object or thing of any nature placed in or on the
District's easement by Licensee) constructed by the Licensee in
altering, modifying or changing the location of said ditch or canal or
placed as encroachments on the District's easement along said ditch or
canal shall be constructed, maintained,rand kept in repair at all times
by the Licensee and at the cost and expense of the Licensee.
3. The Licensee agrees to construct and maintain any
facilities constructed by the Licensee in said ditch and canal or on
the District's easement along said ditch or canal pursuant to this
agreement in a safe condition to the end that the ditch or canal and
such facilities shall not constitute a hazard to any person or
persons, and to indemnify, hold harmless and defend the District from
all claims for damages arising out of any hazard or negligence in the
construction, operation, maintenance and repair of said facilities,
the failure of the Licensee to keep such facilities in safe condition,
or the creation of an unsafe condition as the result of the Licensee's
altering, modifying or changing the location of said ditch or canal or
the Licensee's installation of facilities upon the District's easement
along said ditch or canal.
4. The alteration, modification or change in location of
said ditch or canal or installation of facilities in the District's
easement along said ditch or canal shall be accomplished by the
Licensee at such times and in such- seasons and in such manner as not
to interrupt or interfere with the flow of irrigation water in said
ditch or canal or with the delivery of irrigation water by the
District to any of its landowners.
5. The Licensee agrees to indemnify, hold harmless and
defend the District from all claims of any of its landowners for
damages from the impairment of the flow of irrigation water in said
ditch or canal which may be caused by said alteration, modification or
change in location of said ditch or canal, or any use or condition of
any such facilities constructed by the Licensee at any time, or from
the impairment of the flow of irrigation water therein from the
failure of the Licensee to maintain-and keep in repair such facilities
for the full flow of irrigation water through said ditch or canal.
6. The District reserves the right, at its option, to
remove any impediment to the flow of water through said ditch or canal
and any facilities installed therein by the Licensee, and to remove
any hazards to person or property which may arise by reason of the
LICENSE AGREEMENT - Page 2
alteration, modification or change in location made by the Licensee or
by reason of installation of facilities on the District's right of way
at any time, and the Licensee agrees to pay to the District, on
demand, the costs which shall be reasonably expended by the District
for such purposes. If the Licensee shall fail in any respect to
properly maintain and repair such altered, modified or relocated
portion of said ditch or canal or such facilities, then the District,
at its option, and without impairing or in anywise affecting its other
rights and remedies hereunder, shall have the right to perform the
necessary maintenance and repairs and the Licensee agrees to pay to
the District, on demand, the .cost or expense which shall be reasonably
expended or incurred by the District for such purposes. The District
.shall give reasonable notice to the Licensee prior to the District's
performing such maintenance, repair o other work except that in cases
of emergency the District shall a~tempt to give such notice as
reasonable under the circumstances. Nothing in this paragraph shall
create or support any claim of any kind by Licensee or any third party.
against the District for failure to exercise the options stated in
this paragraph, and Licensee shall indemnify, hold harmless and defend
the District from any claims made against the District arising out of
or relating to the terms of this ~faragraph except for claims arising
solely out of the negligence or fault of the District.
7. The Licensee agrees that the work performed and the;
materials used in altering, modifying or changing the location of said
ditch or canal or in installation of such facilities shall at all
times be subject to inspection by the District and by the engineers
for the District, and that final acceptance of the construction work
shall not be made until all such work and materials shall have been
expressly approved by the District. Such approval by the District
shall. not be unreasonably withheld.. -
8. The- Licensee agrees that the District shall not be
liable for any damages which shall occur to any plants, structures or
any other improvements of any kind or nature whatsoever which the
Licensee shall place, raise, construct or install on the said easement
area of the District in the reasonable exercise of the rights of the
District in the course of performance of maintenance or repair of said
ditch or canal. The Licensee further agrees to suspend its use of the
said easement area when the use of the easement area is required by
the District for maintenance. or repair under this or any other
paragraph of this agreement.
9. The Licensee understands and agrees that Licensee has.
no right to drain or waste. into said ditch or canal more surface or
ground water than drains or wastes from said property in its present
state or condition (predevelopment flow). The Licensee expressly
agrees that it shall not cause,. suffer or permit any such additional .
surface or ground water to drain or waste into said facilities of the
District unless the Licensee shall have (1) obtained all necessary
rights of way or easements for the draining or wasting of such
additional water and (2) created the necessary additional carrying
LICENSE AGREEMENT - Page 3
capacity in the ditches, pipelines or other facilities through which
such additional water is to be carried and (3) complied with all
statutes, regulations, ordinances, and other laws regarding the
discharge of drainage or waste water into surface streams, whether
natural or artificial, and into aquifers or other bodies of ground
water and (4) removed all pollutants, contaminants, debris and other
foreign material which in any manner have been placed in or mixed with
such additional water while on the said property of the Licensee, and
in the event of any dispute as to the source of such pollutants,
contaminants, debris or other foreign material, the burden shall be
upon the Licensee to show that the pollutants, contaminants, debris or
foreign material does not come from'the Licensee's said property. The
.Licensee expressly agrees that the District shall be entitled to
enforce compliance with the provisions~.of this paragraph by injunction
and that violation of the provisions of this paragraph shall be
sufficient cause for issuance of a preliminary or permanent
injunction. The right to such injunctive relief, and any other
remedies set forth herein, shall be cumulative of any other remedies
available to the District under the laws of the State of Idaho. If
the Licensee shall cause, suffer or permit any such additional water
to drain or waste into said ditch or canal or into any other facility
of the District without having complied with the requirements of this
paragraph, the District shall have the right to stop such additional
water from draining or wasting into said ditch or canal or any other
facility of the District, and the Licensee agrees to reimburse the
District on demand for the costs and expenses expended or incurred by
the District in stopping such drainage or wasting.
10. Licensee shall notify the water superintendent of the
District prior to and immediately after construction so that he or the
District's engineers may inspect and approve construction.
11. Licensee shall place no structures of any kind above
ground on the District's easement area except as referred to in this
agreement or exhibits or plans thereto without the prior written
consent of the District.
12. Should either party incur costs or attorney fees in
connection with efforts to enforce the provisions of this agreement,
whether by institution of suit or not, the party rightfully enforcing
or rightfully resisting enforcement of the provisions of this
agreement, or the prevailing party in case suit is instituted, shall
be entitled to reia-bursement for its costs and reasonable attorney
fees from the other party.
13. The parties hereto understand and agree that the
District has no right in any respect to impair the uses and purposes
of the irrigation works and system of the District by this agreement,
nor to grant any rights in its irrigation works and system
incompatible with the uses to which. such irrigation works and system
are devoted and dedicated and that this contract shall be at all times
construed according to such principles.
LICENSE AGREEMENT - Page 4
14. Nothing herein contained shall be construed t,> impair
the easement and right of way of the District in the said ditch or
canal and all uses of said ditch or canal by the Licensee and any
altered, modified or changed location of said ditch or canal and the
license herein provided therefor shall remain inferior and subservient
to the rights of the District to the use of said ditch or canal for
the transmission and delivery of irrigation water.
15. In the event of the failure, refusal or neg.lec~ of the
?~censee to comply with all of the terms and conditions of this
agreement, the license of the Licensee under the terms her_eo± ma-, be
terminated by the District, and all structures in or over said ditch
or canal, and the right of way therefcor, which may impede ~r restrict
the maintenance and operation of such ditch or canal by the Dist rict
with its equipment for the maintenance of its said ditch or c~~na1 may
be removed by the District.
16. The Licensee agrees to pay attorney fees or eng~_nee!ing
fees charged by the attorney for the District or by the engineers rot
the District in connection with '`the preparation of this License
Agreement or in connection with negotiations covering the terms and
conditions of this License Agreement.
17. Nothing in this agreement shall create or support a
claim of estoppel, waiver, prescription or adverse possession by the
Licensee or any third party against District.
13. The word "Licensee", if used in the neuter in this
agreement, includes the masculine and feminine genders, the singular
number includes the plural, and the plural number includes the
singular.
The covenants, conditions and agreements herein contained
shall constitute covenants to run with, and running with, all. of the
lands of the Licensee described in said Exhibit A, and shall be
binding on each of the parties hereto and on all parties and all
persons claiming under them or either of them, and the advantages
hereof shall inure to the benefit of each of the parties hereto and
their respective successors and assigns.
IN WITNESS WHEREOF, the District has hereunto caused its
corporate name to be subscribed by its officers first hereunto duly
authorized by resolution of lts Board of Directors and the Licensee
has hereunto subscribed his name, or if a corporation, has hereunto
caused its corporate name to be subscribed and its seal to be affixed
by it officers first thereunto duly authorized by resolution of it~~
LICENSE AGREEMENT - Page 5
Board of Directors, all as of the day and year herein first above
written.
NAMPA & MERIDIAN IRRIGATION DISTRICT
By
ATTEST:
Its Secretary ,~
Its President
MERIT HOMES, INC., a corporation
ATTEST:
STATE OF IDAHO )
ss:
County of Canyon )
On this day of
undersigned, a Notary Public in and
appeared and
the President and Secretary, respect
IRRIGATION DISTRICT, the irrigation
foregoing instrument and acknowledged
district executed the same.
1994, before me, the
for said State, personally
known to me to be
ively, of NAMPA & MERIDIAN
district that executed the
to me that such irrigation
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year in this certificate first above
written.
Notary Public for Idaho
Residing at Nampa, Idaho
My Commission Expires:_
LICENSE AGREEMENT - Page 6
STATE OF IDAHO )
ss:
County of Ada )
On this day of 1994, before me, the
undersigned, a Notary Public in and for said State, personally
appeared and known to
me to be the and
respectively, of MERIT HOMES, INC., the corporation that executed the
foregoing instrument and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year i,~ this certificate first above
written.
Notary Public for Idaho
Residing at
My Commission Expires-
LICENSE AGREEMENT - Page 7
tiNG~n~
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RUBBLE ENGINEERING, INC.
9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329
LEGAL DESCRIPTION
REGENCY HOMES, INC. 18.07 ACRE PARCEL
SECTION 2, T.3N., R.1 W., B.M.
A parcel of land located in the NW 1 /4 of the SW 1 /4, and the SW 1 /4 of the NW
1 /4 of Section 2, T.3N., R.1 W., B.M., Ada County, Idaho, more particularly described as
follows:
BEGINNING at the quarter corner common to Sections 2 and 3, T.3N., R.1 W ,
B.M., form which the Southwest corner of said Section 2 bears South 00°19'07" Nest,
2642.98 feet;
_ _ ~ - thence North 00°24'20" East along the section line, 42.77 feet to a point 36 rods
\^t~orth'of the Northwest corner of the South 23.5 acres~of the NW 1 /4 of the SW1 /a of said
Section 2;
thence South 89°05'34" East along a line parallel to the North boundary of the
South 23.5 acres of said NW 1/4 of the SW 1/4, 1325.10 feet to a point on the East
boundary of the SW 1/4 of the NW 1/4 of said Section 2;
thence South 00°19'59" West along said East boundary 40.09 feet to the C-W ~ /16
corner;
thence South 00°17'15" West along the East boundary of the NW 1/4 of the SW
1;4, 553.95 feet to the Northeast corner of said South 23.5 acres of the NW 1/4 of the SW
1/4;
acres;
Prepared By:
RUBBLE ENGINEERING, INC.
RE
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thence 89°05'34" West, 1325.46 feet to the Northwest corner of said South 23.5
thence North 00°19'07" East, 551.26 feet to the Point of Beginning.
Containing 18.07 acres. Subject to right-of-way for Tenmile Road.
DTP/tlp~i:\442.des D. Terry Peugh, L.S.
Project No. 93-047
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EXHIBIT C
Purpose of License
The purpose of this License Agreement is to permit Licensee to
discharge storm water into Ninemile Drain in an area at or near Ten
Mile Road approximately 2,000 feet north of the intersection of Ten
Mile Road and Cherry Lane, Ada County, Idaho.
EXHIBIT D
Special Conditions
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a. Construction shall be in accordance with certain plans
entitled in the Index Sheet "Kentfield Manor, a subdivision"
consisting of 13 sheets numbered consecutively each bearing engineer's
stamp dated January 6, 1994 except Sheet No. 6 which bears engineer's
stamp dated January 7, 1994. These plans have been delivered to the
District's water superintendent, are in his possession in his offices,
and are hereby incorporated herein by this reference.
b. The easement along this section of Ninemile Drain is 100
feet, 50 feet on each side of centerline.
c. Construction shall be completed not later than March 15,
1995. Time is of the essence.
d. There presently exists a difference between the District and
the United States of America, specifically, the Bureau of Reclamation
thereof, concerning possession, management and control of certain
drains including Ninemile Drain. The District requires parties such
as licensee here to enter into a.License Agreement where a party's
activities affects one of the drains in question. Licensee is advised
by the District to communicate with the Bureau of Reclamation before
signing this license agreement for information concerning the Bureau
of Reclamation's position and to learn of any requirements which may
be imposed by the Bureau of Reclamation in connection with Licensee's
activity which is the subject of this agreement. Regardless of any
requirements imposed by the Bureau of Reclamation, the District
requires that this license agreement be signed before Licensee takes
any action, whether the activity contemplated by this agreement or
otherwise, which affects the easement along Ninemile Drain.
e. Licensee represents that Licensee has complied with all
federal, state or other laws, rules, regulations, directives or other
requirements in any form regarding environmental matters, and
specifically those relating to pollution control and water quality, as
may be applicable under the subject matter, terms or performance of
this agreement broadly construed. Licensee recognizes its continuing
duty to comply with all such requirements that now exist or that may
be implemented or imposed in the future. By executing this agreement
LICENSE AGREEMENT - Page 8
a
the District assumes no responsibility or liability for any impact
upon or degradation of water quality or the environment resulting from
the discharge or other activity by Licensee which is the subject of
this agreement.
f. Licensee hereby indemnifies, holds harmless and shall
defend the District from any and all penalties, sanctions, directives,
claims or any action taken or requirement imposed by any party or
entity, public or private, with respect to environmental matters
relating to the subject matter, terms or performance of this agreement
unless the District shall be solely responsible for the condition or
activity which gives rise to any such penalty, sanction, directive,
claim, action or requirement.
rv
g. In the event the District is required by any governmental
authority to acquire or comply with any permit or other operational
requirements associated with Licensee's discharge and other activity
which is the subject of this agreement, Licensee shall indemnify, hold
harmless and defend the District from all costs and liabilities
associated with such permit and otY}er requirements, including but not
limited to all costs associated with all permit acquisition,
construction, monitoring, treatment, administrative, filing and other
requirements.
h. The parties to this agreement recognize this license
agreement is an accommodation to Licensee. The District by this
agreement does not assume, create, or exercise legal or other
authority, either express or implied, to regulate, control, or
prohibit the discharge or contribution of pollutants or contaminants
to the District's facilities or to any groundwater, waters of the
State of Idaho or the United States, or any other destination. Such
authority, to the extent that it exists, is possessed and exercised by
governmental environmental agencies.
i. The party signing this agreement on behalf of Licensee is
fully authorized to do so and so represents to the District.
LICENSE AGREEMENT - Page 9
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Ordinance No. 616
K field Manor Subdivision
9/7/9
57 single-family dwelling units
approximate density of 3.15 dwelling units per acre ,-
1. Plat the property as submitted by Applicant, designate on the plat
that only single-family dwellings shall be allowed, and allow only
single family houses of at least 1,400 square feet within the
subdivision.
2. Tile all ditches, canals and waterways, including those that are
property boundaries or only partially located on the property.
3. Extend and construct water and sewer line extensions to serve the
property and connection to Meridian Ovate rand sewer lines shall be
made.
4. Construct streets to and within the property.
5. Dedicate the necessary land from the centerline of Ustick and Linder
Roads for public right-of-way.
6. Allow only houses of at least 1,400 square feet.
7. Pay any development fee or transfer fee adopted by the City of
Meridian.
8. Enter into a development agreement as authorized by 11-2-416 L and
11-2-417 D; that the development agreement shall address, but not be
limited to, the inclusion into the subdivision of the requirements
of 11-9-605 C., G., H.2., K., L. and the comments of the Planning
Director, Wayne Forrey, relating to the lack of adequate recreation
facilities, a school site or fees in lieu thereof, and that land be
set aside for a future park and relating to development of a
greenbelt along Nine Mile Creek and coordinate with the Pathway Plan
of Ada County.
9. Meet the requirements and conditions of the Findings of Fact and
Conclusions of Law and meet the Ordinances of the City of Meridian.
If Developer fails to meet the above conditions, the property shall be
subject to de-annexation, which conditions subsequent shall run with the
land and also be personal to the owner and Applicant.
If Developer fails to meet the above conditions, the property shall be
subject to de-annexation, which conditions subsequent shall run with the
land and also be personal to the owner and Applicant.